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(영문) 서울행정법원 2017.08.25 2016구단58577

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 May 16, 2013, the Plaintiff, employed as an employee of the Hanyang, Inc., was suffering from the occupational accident that fells into the floor while he was getting off a bridge for the work on May 16, 2013, and was “fluoral disease,” called “fluoring the blue of the blue blue blue of the upper blue blue, impairing the blue of the upper blue blue, impairing the blue blue

B. The plaintiff is the above A.

With respect to the branches described in the paragraph, medical care was provided until August 20, 2015 after obtaining medical care approval from the defendant.

C. (1) After completing medical care as above, the Plaintiff claimed disability benefits to the Defendant by asserting that there remain both limitations on physical exercise functions and dynamics on the right part of the right part, and on September 3, 2015, the Defendant rendered a disposition that the Plaintiff’s right part of the Plaintiff’s right part of the physical exercise area constituted class 14 of class 10 on the ground that the physical exercise area has a significant obstacle to the physical exercise area at 30.

② The Plaintiff, who was dissatisfied with the above disposition, filed a request for review to the Defendant, but was dismissed on January 7, 2016.

The plaintiff made a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, and the Industrial Accident Compensation Insurance Reexamination Committee revoked the original disposition and decided that the plaintiff's disability grade shall be adjusted to Grade 9 as follows:

(hereinafter referred to as the above, the defendant's disposition dated September 3, 2015 (hereinafter referred to as the "disposition of this case"). Bridges (e.g., the defendant's disposition of Sep. 3, 2015) : Class 10 No. 14 (the remaining person who has a significant impediment to the function of one pipe from among the three sections of a single bridge) : Mediation of Class 12 No. 15 (the remaining person who remains in a national department) 9: The fact that the ground for recognition is without any dispute; the entries in Class 1, 2, and 3 of Evidence 1; the purport of the whole pleadings and arguments.

2. Whether the instant disposition is lawful

A. The degree of physical function disorder of the Plaintiff’s right to the Plaintiff’s assertion is limited to not less than 3/4 of the exerciseable area, and Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act is limited.