beta
(영문) 서울행정법원 2020.12.03 2019구단64351

장해등급결정처분취소

Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on April 22, 2019 is revoked.

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

Reasons

1. Details of the disposition;

A. On November 28, 2017, the Plaintiff: (a) was diagnosed as “the instant accident involving the left-hand hand on the machine (hereinafter “instant accident”); and (b) was given medical care until July 30, 2018, with the Defendant’s approval for medical care.”

B. On February 15, 2019, the Plaintiff filed a claim for disability benefits with the Defendant. On April 22, 2019, the Defendant determined the Plaintiff’s disability grade as Class 12 subparag. 9 of the disability grade No. 12 (hereinafter “instant disposition”) on the ground that the Plaintiff’s physical sense of the handsout of the Defendant falls under Class 12 subparag. 9 of the disability grade No. 110 (a person who has an obstacle to the function of one part out of 3 parts of the arms) and, in the event of the combination (construction), the remaining part of the left hand hand hand part falls under class No. 10 of the disability grade No. 14 due to the remainder of the general handout (a person who remains a neological disorder in the part of the State part).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, 8, and 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff suffered obstacles to the left blue blusium (management) due to the aftermathization of blusium, etc. caused by the accident of this case, but the defendant omitted it and issued the disposition of this case. The ground for the disability of the left blusium and the finger damage caused by the blusium and the blusium damage to the bluse blusium, and thus, the defendant followed the method of measurement by the active exercise, but the defendant erred in the disposition of this case according to the method of measurement by the passive exercise.

Therefore, even though there remain the obstacles corresponding to the disability grade No. 12, the left-hand part part part part of the disability grade No. 10, and the left part part part part part of the disability grade No. 7, the defendant's disposition of this case on different premise should be revoked.

(b) whether there has been an omission of the obstacles in Section 2 of the 1st left-hand part of the judgment.