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(영문) 서울고등법원 2017.11.08 2017누55086
장해등급결정처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The reasoning of the judgment of the court of first instance is as follows, since the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, in addition to using the partial contents as set forth in paragraph (2) below, it shall be accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act. The remaining part of the judgment of the court of first instance, which was written, shall be as follows.

In light of the following circumstances, it is reasonable to view that the mental disability of the Plaintiff at the time of the instant disposition constitutes a higher disability grade than that of class 7 Item 4 of Article 53(1) [Attachment Table 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and the evidence submitted by the Defendant alone is insufficient to reverse the above recognition, and no other proof of proof exists.”

“Third, around October 6, 2015, the Plaintiff recognized that “A person who has continuously reduced his/her independent labor ability to the extent that he/she is unable to engage in other minor labor due to the decline in mental functions to the extent that he/she is unable to engage in other labor,” and was determined to be class 12 of Article 46(1) [Attachment 2] of the Enforcement Decree of the National Pension Act according to delegation under Article 67(4) of the National Pension Act, but who falls under class 3 of the disability grade in accordance with Article 46(1) [Attachment 2] of the Enforcement Decree of the National Pension Act, but was determined to be class 4 by getting the existing disability (the mental body that occurred before joining the National Pension Service) under Chapter 1 of the National Pension Service Regulations,

(See evidence No. 32). However, according to the criteria for the classification of disability grades in Article 46(1) [Attachment 2] of the Enforcement Decree of the National Pension Act, the third degree of disability grade 12 is “a person who has a disability with a mental or psychosis in need of serious restrictions in labor or significant restrictions on labor,” and the disability grade criteria for the National Pension Act.

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