Annual Report 2014 4. Highlights of Opinions Submitted A. Opinion on the Case of Disapproving Damage to an Artificial Leg during Work as an Industrial Accident At the 1st Plenary Committee meeting on January 13, 2014, the Commission decided to submit its opinion regarding a revocation litigation on the disapproval on request for medical benefits which was pending in the Supreme Court (2012 Du 20991). The plaintiff of the case was an apartment security guard whose artificial leg was damaged while clearing snow during his work. He requested medical benefits for the damage of his artificial leg to the Korea Workers’ Compensation and Welfare Service. However, the agency disapproved his request for the reason that the damage of an artificial leg is not a physical injury but falls under property damage. The plaintiff filed revocation litigation on disapproval of medical benefits against the Korea Workers’ Compensation and Welfare Service, however the lower courts ruled against him, saying that his artificial leg cannot be seen as part of his body, and the damage of an artificial leg does not fall within the category of damage from which one can receive medical care benefits. On February 18, 2014, the Commission submitted an opinion regarding the revocation litigation to the Supreme Court. In its opinion, the NHRCK said that the ruling of the lower courts, which only considered the lexical meaning of an artificial leg and decided that the damage to the plaintiff’s artificial leg was not subject to medical care benefits under the Industrial Accident Compensation Insurance Act, is discrimination against persons with disabilities without reasonable grounds when comprehensively considering the legislative purpose and intent of applicable laws including the Industrial Accident Compensation Insurance Act and the Framework 48 ▪▪▪ Part II. Major Activities of the Commission