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(영문) 부산지방법원 2017.04.26 2016구단20979
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 24, 2013, the Plaintiff sustained an injury in the fall of the work at the site of the removal of the Macheon Flag, which was engaged in the work at the site of the removal of the Mancheon

B. After treating the above injury, on January 20, 2016, the Plaintiff filed a claim for disability benefits on the ground that the Defendant suffered from disability in spine parts, ebrates, spathn, etc., with the Defendant. On June 28, 2016, the Defendant decided on June 28, 2016 that the Plaintiff constitutes disability grade 8 through adjustment on the ground that the Plaintiff’s state of disability was recognized as follows:

The condition of disability below

1. Class ¥§ 9 of Manju (Spolym 11 to 2 Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Matern), both sides of which

2. Grade XI of the chest and clothes;

3. Level 11: Gain on the left-hand side, and grade 11;

4. Part 12 of the left-hand title, Part 12 of the right-hand part of the disposition in this case

2) In calculating the state of disability of the part of the main body, the court acknowledged the 11st degree due to functional disability resulting from vegetable surgery No. 11-Scark 12, 12, and 11th grade due to vegetable disorder resulting from vegetable surgery, and the 11st grade due to vegetable disorder resulting from vegetable vegetable surgery No. 12, 12, 12, and 2, and 11th grade due to vegetable vegetable disorder, and decided to the 9th grade through conciliation.

2. Whether the instant disposition is lawful

A. (1) In determining the Plaintiff’s assertion 1), the detailed criteria for determining disability grades by physical parts (hereinafter “the instant detailed criteria”) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act (Attached 5)

According to the above, the instant disposition should be judged on the basis of the overall determination after determining the unit of elimism movement, functional disorder, modified disorder, and spinal flavoring disorder. However, the instant disposition is unfair by dividing only the movement unit (sul and the sule trend) and recognizing each disability by dividing the chest and the sule part in the instant detailed criteria.

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