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1. On April 10, 2015, the Defendant’s disposition of disability determination against the deceased A shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On March 4, 2013, the deceased A (D; hereinafter referred to as “the deceased”) entered and worked for DS regularly Co., Ltd. (hereinafter “SP”) (hereinafter referred to as “SP”).
B. At around 15:45 on July 16, 2014, the Deceased was engaged in a part of the work at the third place of work of the non-party company’s third place of work, and the Deceased concluded a brush to attach a brupt to the tank inside the work team strawer, and the tank that was on the stringer was cut back by the stringer, and the 30cc away from the 30cc height of the 30cm by the stringer, and the part on the left side of the Deceased was tensiond and slided (hereinafter “instant accident”).
On the same day, the deceased was sent back to a hospital, and was diagnosed as “damageed by the 3, 4 balance pressure of the left side, 4 balance of the left side, 3 balance of the left side, 4 balance of the original laverization ground, and 4 balance of the left side,” and received medical care from July 16, 2014 to March 10, 2015, and applied for disability benefits to the Defendant on March 12, 2015.
C. On April 10, 2015, the Defendant determined that “the scope of restriction on exercise of the third balance of revenues on the left side falls under class 8 of class 14, and the general East of the left side falls under class 10 of class 14, and the disability grade of the deceased falls under class 8 of class 14,” and finally, the disability grade of the deceased falls under class 8 of class 14.
(hereinafter “instant disposition”) D.
The Deceased, who was dissatisfied with the instant disposition, filed the instant lawsuit on July 6, 2015, but died on August 24, 2016 while the lawsuit was pending, and the Plaintiff B and C, who is his/her father, took over the instant lawsuit proceedings.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiffs’ assertion was that the exerciseable area in Section 1 balance of the third and fourth revenues and expenditures on the left-hand side of the instant accident was limited to not less than 1/2, and thus the disability grade is limited.