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(영문) 서울고등법원 2017.08.17 2016누51612

장해등급재판정처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

(3) Corresponding functional disorder: Not more than 90 degrees : 10 degrees ; 10 degrees ; 10 degrees ; 5 degrees ; 0 degrees ; 0 degrees ; 10 degrees ; 0 degrees ; 4 degree ; 5 degrees ; 140 degrees : 140 degrees : 55 degrees - 110 degrees : 20 degrees ; 50 degrees ; 40 degrees ; 9 degrees ; 40 degrees ; 40 degrees ; 50 degrees ; 50 degrees ; 9 degrees ; 40 degrees ; 50 degrees ;

(2) The Plaintiff’s disability state of the Plaintiff’s assertion as to the legitimacy of the disposition of the entire pleadings and evidence Nos. 1, 1, 1 through 3 is unlawful. The instant disposition that judged a disability grade based on the method of measurement based on the passive exercise (i.e., method of measurement) is unlawful. The main text of Article 47(2) of the former Enforcement Rule of the Industrial Accident Compensation Insurance Act (amended by Ordinance of the Ministry of Employment and Labor No. 152, Mar. 28, 2016) provides for the method of measuring physical disability.