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(영문) 대구지방법원 2016.08.19 2015구단1828
장해등급결정처분 취소
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 July 29, 2011, the Plaintiff received medical care until May 3, 2012 from a construction site as an employee of a comprehensive construction company by suffering from an accident at the construction site as “the 3-4 nuclear escape certificate, the crypinal base, and the Masaman-gun (hereinafter “the instant injury”).

B. On June 13, 2014, the Plaintiff applied for medical care until May 30, 2015, where the Defendant applied mutatis mutandis the Plaintiff’s claim for the payment of disability benefits to class 12 (the person who remains in the form of vertebal disorder on the surface of the elegism and remains in the evabal disorder of the Do.)

C. On July 17, 2015, the Plaintiff filed a claim for compensation for disability with the Defendant. On August 12, 2015, the Defendant recognized the Plaintiff’s disability as the class 10 (persons with physical disability in the Gando, and with the remaining disability in spinal path degree in the Gando) applicable mutatis mutandis to the Ganju’s disability, and determined as the class 10 applicable mutatis mutandis to the instant disposition (hereinafter “instant disposition”).

The Plaintiff filed the instant lawsuit on the ground that his disability grade was lower.

【Fact-finding without dispute over the basis of recognition, entry of evidence Nos. 1, 3 and 4, and the whole purport of pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant injury caused by the instant injury remains high level of spinal root disorder, and the left-hand part of the upper part of the upper part of the upper part of the ebbrate is difficult to be properly used. In the case of an outbreak, the Plaintiff’s claim constitutes “a person who is unable to properly use one pipe out of the three sections of the ebbbbbb of the ebbbbbbb,” which is class 7 of class 8, and in the case of spinal eb, “a person who has a minor disorder or serious disorder in spine and has a high level of spinal root disorder at the same time,” which is class 17.

(1) Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act.

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