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(영문) 서울행정법원 2020.02.04 2019구단55890

장해등급결정처분취소

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 March 27, 2017, the Plaintiff had been engaged in the work of transporting steel co-production reinforcement works at a factory located in Dong-gu, Nam-gu, Dong-gu, Seoul (hereinafter “instant accident”) from the engine at a height of 1.5 meters and fell from the engine, and the Plaintiff was subject to an accident of shocking and rapid shocking (hereinafter “instant accident”).

B. In the instant accident, the Plaintiff was diagnosed as follows: “The annual organization deficit of the peltolleys and the left elbows; the pressure table No. 1 in the verta of the verta; the verta of the face; the heat of the face; the external hemothal; the hemothal; the external flasium; the external flasium of the second balance of the left 2 balance; the peltoma of the upper right 4 balance; the marrosium; the left marrosium; the left marrosium; the left lusium; and the Plaintiff received medical treatment from the Defendant.”

C. On August 17, 2018, the Plaintiff filed a claim for disability benefits with the Defendant, alleging that the functional disorder of the left-hand salute, spine transformation disorder, and salute were left. On December 28, 2018, the Defendant, following the Consolidated Review Committee, determined the disability grade for the Plaintiff as Class 11 (hereinafter the instant disposition) based on the individual disability determination as follows:

다리(발) [장해상태] 신규장해 : 왼쪽다리(발) 발목관절 운동각도 70도, 동통장해 완고, 좌측 발목관절 외상성 관절염 [최종산정] 일반 제12급 제15호, 한 다리의 3개 관절 중 1개 관절의 기능에 장해가 남은 사람 척주/체간 [장해상태] 신규장해 : 요추 변형장해 23.05% [최종산정] 일반 제12급 제16호, 척주에 중등도의 변형장해가 남은 사람 흉터 [장해상태] 신규장해 : 안면부반흔(12㎠ 미만) [최종산정] 일반 기준미달 [인정근거] 다툼 없는 사실, 갑 제1 내지 6호증의 각 기재, 변론 전체의 취지

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the sum of spine pressure rates is more than 30% but less than 50%, and thus, the Plaintiff’s assertion remains a high level of transformation disorder.