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(영문) 서울행정법원 2014.10.10 2014구단50326

장해등급결정처분취소 청구

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 December 27, 2012, the Plaintiff was 432 as the upper-tier arboretum of Gyeonggi-gun, the necessity of the Plaintiff’s bed.

At the site of the project for the extension of an arboretum Dogwon, the injury, such as “the alleys of the alley and the pressure of the first phase” fall short of three meters, and received medical care until July 31, 2013 with the Defendant’s approval of medical care.

B. On September 27, 2013, the Plaintiff claimed disability benefits to the Defendant.

On October 23, 2013, the defendant judged on October 23, 2013 that the disability grade No. 10 grade No. 14 (in the case of a person whose physical area is limited to at least 3/4 in the case of a person whose physical area is limited in the case of a person whose physical area is limited to at least 3/4 in the case of a person whose physical part of the part of the right bridge is completed, 12 grade 15 (in the case of a person whose physical area is limited in the case of a person whose physical part of the part of the right bridge is completed, 3) with respect to the physical part of the part of the bridge of the right bridge (33%) No. 11 grade No. 17 (the pressure rate of the first step 1) of the bridge, the defendant determined the disability grade No. 9 in the aggregate.

(hereinafter “Disposition of this case”). / [The grounds for recognition / Each entry of evidence Nos. 3 and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. As of the Plaintiff’s assertion, the Plaintiff is deemed to have failed to properly use the right edges, and thus, the Plaintiff’s disability grade 8 class 7 (as a person whose physical area is limited to 3/4 or more: a person whose physical area is limited to 3/4 or more) should be recognized as class 7 of the disability grade. In addition, the Plaintiff should be determined as class 7 of the disability grade by aggregating the two obstacles.

(b) Relevant statutes: Attached Form;

C. (i) According to the statement in No. 2-1, 2, and 3-3 of the evidence No. 2-1, 2-3, the main disability diagnosis submitted by the Plaintiff at the time of filing a claim for disability benefits to the Defendant shall state that “the main disability diagnosis submitted by the Plaintiff shall be deemed to have left for the function of making it impossible to use the pipe properly without disclosing the result of the right angle measurement.”