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(영문) 서울행정법원 2016.06.15 2014구단59408
장해급여부지급처분취소
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 March 30, 2014, the Plaintiff was an employee of Twit Construction Co., Ltd., who was engaged in the dismantling of horizontal connecting materials at the construction site and at the construction site of the 2nd cooling-si located in the wife population, the Plaintiff was faced with the Plaintiff’s arms, and knee was faced with the floor of the construction site and knee was faced with the Plaintiff’s arms.

(hereinafter “instant accident”). (b)

The Plaintiff, due to the instant accident, received medical care from an industrial accident compensation insurance medical institution until September 13, 2014, after obtaining approval for occupational medical care from the Defendant, by suffering from the ground of the instant accident, the ground of mination of the upper upper part of the upper part, the aggregate of the aggregate of the aggregate of the aggregate of the aggregate of the aggregate of the aggregate of the aggregate of the aggregate of the aggregate of the 5 water surface, the aggregate of the aggregate of the aggregate of the 4th part of the right side, the aggregate of

C. On November 10, 2014, after the completion of medical care, the Plaintiff filed a claim for disability benefits with the Defendant, but the Defendant decided on December 1, 2014 to pay disability benefits.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Nos. 1, 2, 3, 5, 6, 7, 8, and Eul’s No. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff suffered permanent obstacles, such as restricting the scope of exercise of the right hand control (hereinafter referred to as “instant Section”), reducing the power of the right hand, and facilitating the passage, due to the instant accident.

Nevertheless, the Defendant’s refusal to pay disability benefits related to each of the above disabilities is unlawful.

(b) Entry in the attached Form of relevant statutes;

C. 1) Requirements for payment of disability benefits and the burden of proof of disability benefits (hereinafter “Act”)

(i)in order to receive disability benefits prescribed in the Act, an employee must be injured or suffering from a disease due to a reason of his/her duty (occupational injury or disease requirement, the effect of treatment can no longer be completely cured or the symptoms are fixed.

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