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(영문) 서울행정법원 2019.01.18 2018구단62488

장해등급결정처분취소

Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on April 20, 2018 shall be revoked.

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

Reasons

1. The following facts are revealed if there is no dispute between the parties to the disposition, or if the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1 and 2:

In other words, on December 18, 2012, the Plaintiff provided medical care under the approval of the Defendant in relation to the pellley, the right pellley, the right pellley, the right pellley, the right pellley, the right pellley, both sides of the Plaintiff, and the fourth pressure gale, and the fourth degree of disability in the adjustment of class 6 was granted by the Defendant, but through the trial examination, the Plaintiff was changed to the adjustment class 8 as follows on April 20, 2018.

(hereinafter referred to as the "disposition in this case"). Class 8 disability 7 of Grade 8 (A person who has been unable to properly use his/her diameter) disability of Grade 11 of Grade 11 of Grade 10 (A person who has been unable to properly use at least two fallings, including his/her dust,) disability of Grade 14 (A person who has been unable to perform his/her function in Section 14) at the pre-existing disability grade 14 of Grade 10 (A person who has been unable to properly use at least two fallings, including his/her dust,) at the 10th 10 (the 16th 16th 16th 16th 16th 16th 16th 14 of Grade 10 (the remaining 16th 16th 16th 16th 16th 16th 16th 16th 16th 16th 2nd 2nd 2nd 2nd 2nd 10.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is in a state where the plaintiff did not properly use both the right edge and the fall, and the disposition of this case issued on a different premise must be revoked as it is unlawful.

B. 1) According to the main text of Article 47(2) and Article 47(3) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act, the degree of physical skill disorder shall be calculated by EMA [AMA(AMA).