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(영문) 대구지방법원 2018.12.14 2018가단120046
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The grounds for the application shall be as specified in the Appendix of the Director;

(However, the applicant shall be regarded as the defendant.

2. Determination:

A. Article 37(1) of the Regulations on School Safety of the relevant Acts and subordinate statutes provides that “if a beneficiary who received medical care benefits has a disability even after the completion of the medical care, the amount stipulated in Article 3(2)3 of the State Compensation Act and Article 3(5) of the same Act shall be paid to the beneficiary or his/her guardian, etc.” Article 15 of the Enforcement Decree of the School Safety Act provides that “the disability benefits under Article 34(2) of the Act shall be calculated pursuant to Article 37(1) of the Act and Article 3(2)3 of the State Compensation Act,” and Article 3(2)3 of the State Compensation Act provides that “if the victim has a physical disability after the completion of the medical care, the victim shall be paid disability compensation for the amount calculated by multiplying the amount of monthly salary, actual monthly income, or average wage at the time of damage by the future workable period.”

According to the above provisions, disability benefits are to be paid "when a victim has a disability after the completion of medical care," and the right to claim disability benefits is required to require that the effect of treatment for injury or disease can no longer be expected and that the symptoms are fixed.

B. Whether Plaintiff A falls under Article 12(7) of the State Compensation Act (the "State Compensation Act") or not, Plaintiff A, after the 12th century, had the symptoms fixed. According to the evidence No. 3, Plaintiff A shows the stability of pre-defluence of 3 meters from the results of physical examination by Telos machinery and the tension radiation inspection, and shows the fact that the movement range of the co-ordination is almost normal.

On the other hand, according to medical and social norm judgment, one of the three sections of the "one bridge" stipulated in Paragraph 7 of Paragraph 7 of Article 12 of the National Compensation Act.

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