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(영문) 서울행정법원 2017.09.22 2017구단51818

장해등급결정처분취소

Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on December 19, 2016 is revoked.

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

Reasons

1. Details of the disposition;

A. On July 21, 2016, the Plaintiff was treated with medical care approval from the Defendant after the Plaintiff was faced with occupational accidents where the right fingers are cut down, and the right fingers are damaged.

B. After completing medical care, the Plaintiff filed a claim with the Defendant for disability benefits with the right hand handout, and the Defendant rendered a disposition that the Plaintiff’s disability grade falls under class 10 in accordance with Article 53(1) [Attachment Table 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “instant disposition”).

The movement function of the right-hand fingers: The negos damage of the arm's length right-hand fingers: Class 10 of Class 14 (the person remaining after the national part of the State part of the State part of the State part of the State part of the State part of the State part of the State part of the State part of the State part of the State part of the State part of the State part of the State part of the State part of the State part of the

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion falls under class 10 of the disability grade in a state where it is impossible to use the right hand hand hand of the Plaintiff’s right hand.

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

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

C. Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act based on delegation by Article 57(2) of the Industrial Accident Compensation Insurance Act provides that the disability grade shall be determined as falling under class 10 of the disability grade in cases where one hand’s severe loss is not properly used.

On the other hand, Article 48 [Attachment 5] of the Enforcement Rule of the Industrial Accident Compensation Insurance Act according to delegation of the latter part of Article 53(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, the detailed criteria for determining disability grades by physical parts

3) Paragraph (3) of this Article provides that where the part of the middle balance pipe or the first balance pipe (the part of the part of the part of the part of the land was limited by not less than 1/2 of the physical part of the part of the part of the land was limited, the part of the part of the land was less than 1/2 of the part