장해등급결정처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
1. On September 4, 2017, at around 09:00, the Plaintiff felled on the floor of the Jeju 2tel construction site, which was in line with vadidididi, and applied for disability benefits after medical care until April 27, 2018 with the approval of medical care benefits for the injury and injury caused by occupational accidents, as to “the pressure frame of the 2nd drilling unit, chests, and sloping base” (hereinafter “instant disposition”). On June 21, 2018, the Defendant decided the disability grade under Grade 13 subparag. 12 in accordance with the medical opinion that “the pressure rate of the 2nd century” was 18.97% and the same Tong Tong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dongdong’s 13 temporarily operated the same (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1, the purport of whole pleadings
2. The plaintiff's assertion
A. The Plaintiff’s disability grade falls under class 16 of class 12, since it was 23% due to the alley and closed down of the 2nd century. The Plaintiff’s disability grade constitutes class 16 of class 12.
Therefore, the instant disposition is unlawful.
B. According to the Defendant’s provision on the compensation for disability benefits, when receiving a claim for disability benefits, the disability grade shall be determined upon consultation with medical advice, and if the opinion of advisory opinion with respect to disability status is different from the opinion of advisory opinion, it may undergo deliberation by the panel of advisory doctors. The Defendant, without undergoing the above deliberation, committed procedural illegality that deprived of this opportunity due to the operation of simplification of procedures.
3. Determination ex officio as to the legitimacy of the instant lawsuit
A. If an administrative disposition is revoked, such disposition loses its validity and no longer exists, and a revocation lawsuit against non-existent administrative disposition is unlawful as there is no benefit of lawsuit.
(See Supreme Court Decisions 2004Du5317 Decided September 28, 2006; 2009Du16879 Decided April 29, 2010, etc.) B.
In light of the overall purport of the argument of the court as a result of the request for the appraisal of medical records to the C Hospital Head, the appraisal of the Plaintiff’s pressure rate is 21.8 m. 1 m. 27.12m, 21.92m, and 3m. 28m.