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(영문) 서울행정법원 2015.11.20 2014구단1225

장해등급결정처분취소

Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on October 25, 2013 is revoked.

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

Reasons

1. Details of the disposition;

A. On May 14, 2006, the Plaintiff filed a claim for disability benefits with the Defendant on September 25, 2013, after completing medical treatment on August 31, 2013, after receiving the medical care approval for the “alley, workplace damage, sound winger, right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to- right-to-right-to-right-to-right-to-right-to-right-to- right-to-right-to-right-to-right-to-right-to-right-to-right-to-right-to-right-to-right-to-right-to-right-to-face,”

B. On October 25, 2013, the Defendant adjusted the Plaintiff’s disability (Grade 6) and the above disability to determine the disability grade of Grade 4 (hereinafter “instant disposition”), on the ground that the Plaintiff’s chest-resistant disability falls under Class 5 (except for those whose chest-to-long function disorder remains and is not engaged in an easy work).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s chest-resistant disability status falls under class 4 of class 3 (a person who may not engage in labor during his lifetime with a significant obstacle to the long-term function of chest-resistant) and thus, the Defendant’s disposition of this case, based on the premise that the Plaintiff’s chest-resistant disability falls under class 5 of class 7, is unlawful.

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

C. (1) Medical opinions: (2) In general, there are restrictions on labor in the field of catological transformation and functional disorder of an anti-catal workplace; (2) the state of catal disorder and functional disorder; (2) the state of catal disorder; and (3) the state of advice (2) the state of catal disorder: the state of catal batal function accompanied by batal batal batom and batal batom; and (4) the state of catal batary function, which is the state of hatal batal batal batom and batal bat