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(영문) 서울고등법원 2019.01.31 2018누44984
장해등급결정처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the plaintiff.

Reasons

1. Facts that there is no dispute over the details of the disposition [based for recognition], evidence set forth in subparagraphs 3 through 8, Eul's evidence set forth in subparagraphs 1 and 2, and purport of the whole pleadings;

A. On August 8, 2013, the Plaintiff filed a claim for disability benefits with the Defendant on August 1, 2015, after obtaining the approval of the Industrial Accident Compensation Insurance Act for occupational accidents under the Industrial Accident Compensation Insurance Act, after completing the medical treatment until June 15, 2015, after completing the medical treatment by the period of occupational accidents under the Industrial Accident Compensation Insurance Act after obtaining the approval of the occupational accident under the Industrial Accident Compensation Insurance Act by the occupational accident of “the pressure frame No. 9, the strokele No. 2, the strokele of the upper half of the right pelle, the pelle of the upper half of the upper half of the upper half of the pelle, the pelle of the upper half of the upper half of the upper half of the pelle, the pelle of the upper half of the upper half of the upper half of the pelle, and completing the medical treatment.

B. For the Plaintiff’s disability status on September 8, 2015, the Defendant assessed the Plaintiff’s functional disorder Nos. 11 subparags. 7, 11-3, 11-2, 7, 11-2, and 11-7, 11, 7, and 12-2, 10, 12-2, 12, 15, 10, and 70, 12-2, 12-2, 10, and 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

2. As indicated in the relevant laws and regulations attached thereto.

3. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion: (a) The Plaintiff’s “Macheon-Mancheon-Ma” falls under the Machopa, and thus, the grade corresponding to the functional disability of the Plaintiff, which is the physical part of the body controlled by the “Mancheon-Mancheon-Ma” pursuant to the Enforcement Rule of the Industrial Accident Compensation Act [Attachment 5] shall apply mutatis mutandis.

② The plaintiff

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