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(영문) 서울고등법원 2016.06.09 2015누68590
추가상병및전원요양불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On November 10, 2009, the Plaintiff felled on a 2-meter shooting bridge at the construction site and went through a temporary food room, and received medical treatment until August 3, 2012 as the injury and disease of “ brain-proof sugars and cerebral Earthquake-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Ma (hereinafter “instant injury and disease”), and claimed disability benefits to the Defendant.

B. On November 23, 2012, the Defendant rendered a disposition to determine the disability grade No. 14 grade 10 on the ground that the Plaintiff’s cerebral disease was not confirmed, deeming that the Plaintiff constituted “the person who remains after psychotropic symptoms,” and thus, the Plaintiff was subject to a disposition to determine the disability grade No. 14 grade 10 (hereinafter “instant disposition”).

C. The Plaintiff, who is dissatisfied with the instant disposition, filed a request for examination and a request for reexamination, but all dismissed.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6 evidence, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff is a non-quality brain-related patient falls under at least Grade 5 8 (the condition of the Plaintiff falls under at least Grade 5 8 of the disability grade (the scope of persons who cannot be seen as having significant obstacles to the function or mental function of the neurosis) and thus, the instant disposition that granted the Plaintiff the disability grade No. 14 is unlawful.

B. Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act of the related Acts and subordinate statutes provides that a person who is obliged to always attend school due to a significant disorder in the function or mental function of the neurosis [Attachment 5] 1 [Attachment 5] 3 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act is unable to lead a daily life due to Mixedness or due to a mental disorder such as highly dementia and justice pulmonary pulmonary function, etc., who requires surveillance of another person at all times due to a serious disorder in the function or mental function of the 2nd 5th mal system of the person who needs to receive constant nursing from time to time due to a serious disorder in the function or mental function of the mal system of the high level of the person who needs to receive constant nursing.

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