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(영문) 서울행정법원 2019.05.23 2018구단73822
장해급여결정처분취소의 소
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. According to Article 53(1) [Attachment 6] of the current Enforcement Decree of the Industrial Accident Compensation Insurance Act, with respect to incomplete cutting of right-free parts due to occupational accidents that occurred around August 1999 while the Plaintiff was employed as an employee belonging to B, the Plaintiff constitutes class 10 [Attachment 6] under Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act. The Plaintiff was determined as having received lump-sum disability compensation benefits.

B. Since then, while working as an employee of the Korea Minting and Removal Headquarters on May 4, 2017, the Plaintiff was diagnosed as having suffered from the accident that the fingers divided into fingers on the paper machinery around 12:00 (hereinafter “instant accident”), and obtained medical care approval from the Defendant for the said injury and disease, the Plaintiff was diagnosed as having been “the pressure tights and incompletes on the left side of 1 through 5 resins, the high pressure tensions and incompletes on the right side of 2 through 5 resin tensions, the opening-up rupture in the left side of 1 through 5 resins, the opening-up rupture in the right side of 2 through 5 resins, the open-up rupture in the right side of 2 through 5 resins, the lower side of the bridge, ruptures, the right side of 4 resins, and approval for medical care from the Defendant.”

C. On October 31, 2017, the Plaintiff closed treatment and applied for disability benefits for the remaining disability to the Defendant on the same day.

On November 16, 2017, the Defendant’s state of any of subparagraphs 1 through 5 of the disability grade falls under class 7 [Class 1 through 4 (Class 7 of the disability grade), 5 (Class 5 of the disability grade), 13 through 5 of the left-hand balance (Class 14 subparagraph 10 of the disability grade] applicable mutatis mutandis to the disability grade since the disability grade falls under subparagraph 8 of grade 6 of the left-hand balance falls under subparagraph 1 through 4 (Class 7 of the disability grade), 5 of the left-hand balance (Class 5 of the disability grade), and 2 through 5 of the disability grade 8 [Attachment 4 of the disability grade 8 of the right-hand balance (Class 4 of the disability grade)].

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