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(영문) 창원지방법원 2017.05.30 2016구단637
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 4, 2014, the Plaintiff was subject to an accident that is shocked to processed products (hereinafter “instant accident”) while performing processing work as a worker belonging to a valve. As a result, the Plaintiff obtained the Defendant’s medical treatment approval for an injury or disease, such as a flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat, flat flat flat flat flat flat flat flat flat,

After receiving medical care until August 31, 2016, the Plaintiff filed a claim for disability benefits with the Defendant on September 2, 2016. On October 12, 2016, the Defendant: (a) on the following grounds, deemed that the state of disability on the right hand hand falls under class 10 and class 13 of Article 53(1) [Attachment Table 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act; (b) on the ground that the state of disability on the right hand falls under class 15 of Grade 12 of the above [Attachment Table 6], the Plaintiff’s disability grade was determined as class 9 (Adjustment) (hereinafter “instant disposition”).

To the right hand: To be a person whose physical area of the fingers is restricted by at least 1/2 of the physical area of the fingers and who has a significant obstacle to the function of the fingers, corresponding to that person (Grade 10 13 of the disability grade): The construction of the fingers: Although there is no construction of the fingers section, the degree of 1/2 of his/her ability due to neutism is limited by 1/2 due to neutal damage, and thus he/she is the person who remains in the national part of the country (Grade 12 15 of the disability grade): He/she is subject to restrictions on his/her physical area of the shoulder, but he/she is still subject to restrictions on his/her physical area of the shoulder, but is temporarily discharged from his/her office: The statement in subparagraphs 1 through 4, subparagraph

2. Whether the disposition is lawful;

A. The Plaintiff’s disability status caused by the instant accident constitutes a disability grade higher than that of class 9, and thus, the instant disposition that determined the Plaintiff’s disability grade as class 9 is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Plaintiff 1.

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