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(영문) 서울고등법원 2015.03.27 2014나51376
위자료 등
Text

1. Defendant, among the parts against Plaintiff C of the judgment of the first instance, exceeding the following part ordering payment.

Reasons

1. The following facts are not in dispute between the parties, or can be acknowledged in full view of Gap evidence Nos. 1, 2, 4, Gap evidence Nos. 7 through 12, Gap evidence Nos. 13-1 through 11, and the court's fact inquiry into the Incheon Northern Vice Governor of the Korea Labor Welfare Corporation.

On March 27, 2012, the Plaintiffs were involved in an accident (hereinafter referred to as the “accident”) in which the instant rain gauge was unsatisfying and unsatisfying the weight, while being put into a burner facility A/S work within the Bospheric power plant and going into a slope (hereinafter referred to as the “instant rain gauge”). At the time, the instant rain gauge was occupied and owned by the Defendant, who was operating the Bospheric power plant.

B. In the instant accident, the Plaintiffs received hospitalization and outpatient treatment by suffering from the same injury as the name of each of the following table, and received a disability grade as indicated below after treatment.

Plaintiff

Article 57 (Disability Benefits) (13) of the Industrial Accident Compensation Insurance Act (Act No. 10 (Disability Benefits) No. 10-13 on March 27, 2012 or September 15, 2012 (88 days of hospitalization, 85 days of entrance, 85 days of entrance) (2) Disability Benefits shall be disability compensation annuities or lump-sum disability compensation benefits prescribed in attached Table 2 according to the disability grade, but the disability grade shall be prescribed by Presidential Decree.

Article 53 (Standards, etc. for Disability Grades) (1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall be as specified in attached Table 6.

[Attachment 6] Criteria for disability grade 10: Subparagraph 13 of Grade 10: From March 27, 2012 to October 9, 2012, subparagraph 15 of Grade 12 of Grade 12 of Grade 15 of the above disability grade base, such as a catus catus (No. 5-8 catus 5-8), etc. of a person who has a significant obstacle to the function of one part of Section 10 among the three sections of Section 3 of one arms: Subparagraph 15 of Grade 12 of Grade 12: Subparagraph 14 of Grade 14 of the above disability grade, such as a catus, etc. between the two parts of the part of the State, and March 27, 2012 (No. 147 days of hospitalization, No. 188 won).

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