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(영문) 대구지방법원 2015.08.21 2014구단1869
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 15, 2012, the Plaintiff suffered from an accident that causes shock of the block and the right eye (hereinafter “the disaster in this case”) to be cut off during work, while working in a basin close, and received medical care until May 31, 2013 after obtaining approval from the Defendant for an occupational accident with respect to the above injury and disease.

B. Around July 2, 2013, the Plaintiff filed a claim for disability benefits with the Defendant. On July 11, 2013, the Defendant recognized that the right-hand eye of the Plaintiff is the real name, and rendered the instant disposition to determine the disability grade as class 1 (a person whose primary eye or the eyesight of one eye is less than 0.02).

C. The Plaintiff, who is dissatisfied with the instant disposition, filed a request for examination and a request for reexamination, but all dismissed.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, and 7 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 이 사건 재해로 인한 충격으로 우측 눈은 물론 좌측 눈의 나안시력이 0.02 이하로 떨어진 상태인데, 현재 부등상증(不等像症)으로 양안시(兩眼視)가 곤란한 상태여서 교정시력이 아닌 나안시력에 따라 장해등급을 판정하여야 한다.

Therefore, the Plaintiff’s disability grade falls under class 1 of class 2, and the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Medical view 1) Plaintiff 1’s opinion - Madice’s opinion - The Madice’s Hadice’s Hadice’s Hadice’s Hadice’s Hadice’s 1.0 on August 6, 2012, but 0.1 on August 6, 2012, and on April 8, 2013, the Madice’s Madice’s Madice’s Madice’s Mad

- There is no special visit to the examination of the Coordinate power development level of the Coordinate Department or the safe examination, and the issue of vision for the Coordinate Department shall be observed through a transitional observation.

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