beta
(영문) 서울행정법원 2015.09.18 2014구단6435

장해급여부지급처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, an employee affiliated with the Abandoned Motor Co., Ltd., filed a claim for disability benefits with the Defendant by asserting that the Defendant would have a disability on the left shoulder part of the left shoulder, after receiving the approval of medical care from the Defendant for the injury and disease’s name (hereinafter “the instant injury and disease”). From February 22, 2012 to October 15, 2013, the Plaintiff received the approval from the Defendant for the medical care for the extreme part part of the right shoulder.

B. On January 20, 2014, the Defendant rendered a decision that the Plaintiff would not pay disability benefits to the Plaintiff in accordance with the advisory society’s opinion that the Plaintiff’s shoulder sense is not more than 410 degrees in total (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence No. 1 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion falls under subparagraph 9 of grade 12 as a person whose physical exercise area of tolerance is limited to more than 1/4, and falls under subparagraph 9 of grade 12. Thus, the disposition of this case made by the defendant on a different premise is unlawful

(b) as shown in the attached Form of the relevant statutes.

C. Medical opinion (1) On May 30, 2013, 2013, the doctor’s opinion (C. B Hospital’s opinion on December 24, 2013), as follows: (a) the doctor’s opinion appears to fall under subparagraph 6 (see, e.g., subparagraph 9) of grade 12, on the ground that it is a case where the fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor’s fluoral fluoral fluor’s fluor’s fal fic fic fal fal.