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(영문) 서울행정법원 2019.01.09 2018구단56278
장해등급결정처분취소
Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on December 7, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. At around 14:40 on June 27, 2017, the Plaintiff was an occupational accident in which descendants, etc. left on the left at the high speed cutting machine (hereinafter “instant accident”) were covered by the Defendant’s medical care for the injury and disease in the “new balance Nos. 2 and 3 balance of payments” (hereinafter “instant injury and disease”) during both weeks of construction performed by B at the site of each C Corporation, and subsequently, after concluding medical care on November 27, 2017, the Plaintiff demanded disability benefits to the Defendant.

B. On December 7, 2017, the Defendant: (a) deemed that the Plaintiff’s disability status falls under “a person who has failed to properly satisfy his/her fingers among one’s inner fingers” as prescribed by Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”); and (b) issued a disposition prescribed by class 12 of the Plaintiff’s disability grade (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion was that, in addition to the third balance on the left side of the Plaintiff’s claim, the physical area of the second balance was limited by more than 1/2.

However, Article 48 [Attachment 5] subparagraph 9 (b) 9 (c) of the Enforcement Rule of the Industrial Accident Insurance Act provides that a person whose physical area of middle balance swap is limited to at least 1/2 shall be referred to as "person who has become unusable properly," and Article 53 (1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Insurance Act provides that "Second, a person who has failed to use two fingers, including fingers, shall be subject to the disability grade of class 10 of class 10, shall be subject to the disability grade of class 10, and the disability grade of the plaintiff who is limited to at least 1/2 of the physical area of the second and third balance swap of the left-hand balance sheet and the third balance sheet shall be class 10. Thus, the disposition of this case that determined the disability grade of the plaintiff as Grade 12 is unlawful as of November 1, 2017.

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