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(영문) 대구지방법원 2015.07.17 2014구단2145
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 January 14, 201, the Plaintiff, while working in the field where he had been on duty, caused the instant injury and disease (hereinafter “instant injury and disease”).

B. On March 24, 2011, the Plaintiff approved the instant injury and disease as an occupational accident, received medical care by August 4, 201 after receiving medical care by August 4, 201, and then filed a claim for disability benefit with the Defendant. On January 9, 2014, the Defendant determined the Plaintiff’s disability grade as Class 12 (persons whose physical changes are remaining on the water side of the head of relative).

C. After that, the Plaintiff appealed to the instant disposition and filed a request for examination with the Defendant, the Defendant dismissed the Plaintiff’s request for examination on June 2, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, Eul Nos. 1 and 2 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff constituted “a person whose physical area is limited to less than 10% because spinal powder was fixed in pelpar, etc. and whose physical area is limited to less than 10%,” or “a person whose division between ebrate No. 1 and 2 is fixed,” and falls under class 8 of the disability grade as “a person whose ebrate powder was fixed to less than 10%,” at the time of surgery at the time of the instant wound 4-5 surgery as the instant wound.

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

C. The key issue of the instant case is whether the Plaintiff’s main functional disorder, and whether the vertebrate fixed and pellet surgery with respect to the instant injury was necessarily necessary.

In this case, the descriptions of evidence No. 3 and No. 1-2 and No. 3 are fixed by the Plaintiff, as alleged above, in accordance with Article 53(1) [Attachment Table 6] of the Enforcement Decree of the Industrial Accident Insurance Act, and Article 48 [Attachment Table 5] of the Enforcement Rule of the same Act, “the disability grade No. 10-8 of the disability grade No. 10 shall be determined by the vertebrate of the remaining person with disability in the middle class No. 3 and No. 1-2 and 3.

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