logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.11.11 2014누50066
장해급여부지급처분취소
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

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for the partial completion of the judgment of the first instance as set forth in the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Part III through IV of the judgment of the court of first instance (C. 5) shall be written in accordance with the following subparagraphs:

As seen earlier, as seen earlier, the Plaintiff’s misunderstanding disability was strong, and becomes unusable, and the remaining fingers have lost their entirety due to the cutting of the fright base. The above disability is under the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Enforcement Decree”).

Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act does not provide for the “standards for disability grade”. If the grade of a disability is determined in accordance with the “standards for disability grade” pursuant to Article 53(3) of the same Act, according to Article 46(4) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act, the disability grade adjustment under Article 53(2) of the Enforcement Decree provides that where there are two or more different disabilities, the disability grade shall be conducted in the case where there are two or more different disabilities. However, according to the Enforcement Rule [Attachment 3] of the Enforcement Rule of the Industrial Accident Compensation Insurance Act, the disability grade adjustment under Article 53(2) of the Enforcement Decree is not applicable to the Plaintiff. In light of the degree of the disability, the “standards for disability grade” in annexed Table 6’s “five fingers or fingers of the first hand hand, including the second hand or finger, and the second hand or finger, the Plaintiff shall be a person who has lost 8 or 7 hand, and the second hand or finger.”

arrow