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(영문) 서울행정법원 2017.08.31 2016구단27580

장해등급결정처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On August 17, 2015, the Plaintiff, at the construction site located in Bupyeong-gu, Incheon, Bupyeong-gu, and the construction site located in Bupyeong-gu B, Incheon, was involved in an accident that, on the top of two-meter strings (three-meter), the tools of the tools, while flying off, exceeds the right to the degree of vadi (hereinafter referred to as “instant accident”).

As a result of the instant accident, the Plaintiff was diagnosed as “a damage to the fresh of the fresh of the fresh, the right fresh of the fresh, the right fresh of the fresh, the fresh of the fresh of the fresh of No. 1-3, the right fresh of the fresh of the fresh of the fresh of the fresh of the instant accident,” and received medical care from the Defendant from August 14

On August 30, 2016, the Plaintiff filed a claim for disability benefits on August 30, 2016, for disability benefits, due to the chilling of the road, there are the chilling, supervision, high-ranking chilling, and physical restrictions.

On September 23, 2016, the Defendant rendered a final determination of the disability grade of class 12 (hereinafter “instant disposition”) to the Plaintiff on September 23, 2016, on the following grounds: (a) the Plaintiff’s disability status falls under class 10 of class 12 and class 10 of class 14, falling under the remaining disability grade for a person who has an obstacle to the function of one of the three sections of sections 1 among the three sections of a bridge; and (b) the Plaintiff’s disability grade of class 12 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s physical restrictions are caused by diseases, such as divesaf and vertebrate damage, etc. caused by the instant accident, and thus, it is necessary to assist others in daily life, such as mobility and walking, and it is not possible to engage in

Nevertheless, the disposition of this case that the defendant decided on the disability grade No. 12 (refer to the entry in the relevant Acts and subordinate statutes) as the plaintiff's disability status No. 14-10 (referring to a person who remains in the national part of the national part of the country) and No. 12-10 (referring to a person who remains in the function of one joints of the three sections of a single bridge).