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(영문) 서울행정법원 2017.03.31 2016구단16405

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 September 10, 2015, the Plaintiff was faced with an accident of falling at the construction site of an open church located in No. 439-gil 31, the Gu interest, and suffered an injury that is caused by the said accident to the left-hand part of the body.

B. The plaintiff is the above A.

After treating the injury described in paragraph (1), the Defendant filed a claim for disability benefits to the Defendant on April 29, 2016, asserting that he/she had obtained an obstacle to Class 9 [Class 10, Class 14 (limited to not less than 1/2 of the exerciseable area of the pipe), Class 14 (limited to not less than 1/2 of the pipe), and Class 12, Class 10 of the Adjustment (hereinafter “instant disposition”). On May 24, 2016, the Defendant rendered a disposition that the Plaintiff’s disability grade falls under Class 10 [Class 10, Class 12, Class 10 (limited to not less than 1/4 of the exerciseable area of the pipe), Class 14, Class 10 of the Adjustment (hereinafter “instant disposition”).

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion determined the plaintiff's disability grade No. 9 as the plaintiff's claim. The defendant rejected the plaintiff's claim's judgment without any reasonable ground, and the disposition of this case to determine the plaintiff's disability grade No. 12 as the plaintiff's claim No. 10 based only on the decision of the defendant's advisory opinion. This is unlawful and thus should be revoked.

(b) Entry in the attached Form of relevant statutes;

C. Article 47(3) of the Enforcement Rule of the Industrial Accident Compensation Compensation Act provides for the method of measuring the exercise function disorder, such as lectures, construction, and gal damage, where it is clear that the cause of the exercise function disorder is the definite, it shall be the method of measuring actively the exercise function disorder, and where the cause of the exercise function disorder is unclear, it shall be the method of measuring the exercise function disorder by passive exercise.

In addition, the method of measuring the exerciseable area of tolerance against workers who appeal for a serious pain, which is not likely to find a special qualitative cause.