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(영문) 서울행정법원 2016.04.15 2015구단5828

장해등급결정처분취소

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1. The Defendant’s disposition of determining a disability grade against the Plaintiff on March 19, 2015 is revoked.

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

Reasons

1. Details of the disposition;

A. On July 18, 2012, the Plaintiff was driving a knife while employed as a worker employed by B, and had the knife of the knife of the knife on the right knife (hereinafter referred to as the “accident in this case”), and obtained the medical treatment approval by December 31, 2014, the Plaintiff claimed disability benefits for the right knife and the right knife of the knife of the knife, the knife of the knife, the right knife, the right knife, the right knife, and the right knife.

B. On March 19, 2015, the Defendant: (a) held a panel of advisory doctors; (b) held that the Plaintiff’s right satisfaction falls under class 7 (one of the three sections of one bridge) and the Plaintiff’s right satisfaction falls under the category of disability; and (c) rendered a disposition to determine the Plaintiff’s disability grade as class 8-7 (hereinafter the instant disposition).

[Ground of recognition] Facts without dispute, Gap 2, 4, Eul 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition that deemed that the Plaintiff’s obstacle to the right-hand part of the Plaintiff’s assertion falls short of the disability grade standard is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. The result of the exerciseable area measurement of the Plaintiff’s view of the appraisal of this Court is as follows.

Part 3, Nos. 4, 5, 5, 4, 4, 3, 4, 5, 4, 4, 5, 5, 30, 40, 30, 40, 30, 20, 20, 10-10 degrees 5, 5, 5, 5, 10- 10, 5, 10- 5, 10, 5, 5, 10-5, 10, 5, 4, 5, 4, 5, 5, 4, 5, 4, 5, 4, 5, 4, 5, 4, 5, 5, of the former part of the refratal frale of the refrigerites of the refrigerites of the refrigerites of the refratals

The treatment has been completed, and the plaintiff's disability status is the "person who has failed to properly take the initiative of the opposite side" (Grade 9).

[Reasons for recognition] The Head of the Gyeong University Hospital of this Court.