beta
(영문) 서울행정법원 2018.06.28 2018구단52207

장해등급결정처분취소

Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on November 22, 2017 is revoked.

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

Reasons

1. Details of the disposition;

A. On June 26, 2017, the Plaintiff suffered injury of “the first balance of the water 1st, rupture damage and bed, and the first balance of the water 1st century in the upper right straw,” due to an accident that the water strings the right fingers early (hereinafter “the instant accident”). The Plaintiff was receiving medical care from the Defendant for the said injury after obtaining medical care approval for the said injury until November 17, 2017.

B. On October 31, 2017, the Plaintiff filed a claim for disability benefits with the Defendant. On November 22, 2017, the Defendant rendered a decision that the Plaintiff constitutes class 14 subparag. 10 (hereinafter “instant disposition”) of disability grade 14 on the grounds that the Plaintiff’s sense of depreciation due to nephical damage remains (i.e., e., pathic damage) (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion falls under a person whose exerciseable scope does not exceed 1/2 of the normal exercise scope due to the accident of this case, such as that the exercise scope of the right hand part of the balance between the right hand hand hand hand and the right hand hand hand hand 15 degrees, and the exercise scope of the right hand hand 1/2 of the normal exercise scope. The plaintiff's disability grade is at least class 10 of class 10.

Nevertheless, the defendant's disposition of this case, which was made on different premise, is unlawful.

B. 1) The issues of this case are as follows: (a) the scope of exerciseable scope of the Plaintiff’s right-hand fingers and sub-sections is 1/2 or less of 80 degrees (attached Table 5 [Attachment Table 5] of the Enforcement Rule of the Industrial Accident Compensation Insurance Act (hereinafter “Enforcement Rule of the Industrial Accident Compensation Insurance Act”) under the Enforcement Rule of the Industrial Accident Compensation Insurance Act (hereinafter “Enforcement Rule”).

3) Whether the term “see” falls under 40 degrees below.

In full view of the results of physical examination commissioned by the Seoul Medical Director of the Seoul Medical Center, the whole purport of the arguments is examined.