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(영문) 서울행정법원 2015.07.17 2014구단9823

장해등급결정처분취소

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;

가. 원고는 2010. 1. 27. 양우건설 주식회사에서 시공하는 서울 노원구 중계동 원광초등학교 증축공사 현장에서 3m 아래로 추락하여 부상을 입었고, 2013. 6. 24. 피고로부터 ‘양쪽 종족골 분쇄골절, 경추부염좌, 우측 회전근개 부분파열, 요추부 염좌 및 긴장, 미추부 염좌, 좌측 고관절 염좌, 우측 골반부 좌상, 양측 슬관절 염좌, 우측 견관절 염좌, 좌측 내측 슬개-대퇴인대 파열, 좌측 슬괵근 부분파열, 양측 거골하 관절 외상성 관절염, 양측 발목 외상후 관절염’에 관하여 요양승인을 받아 2013. 10. 17.까지 요양하였다.

B. On October 22, 2013, the Plaintiff filed a claim for disability benefits with the Defendant. On November 18, 2013, the Defendant, after deliberation by the panel of advisory doctors, determined that ① grade 9 of the disability grade with respect to the functional disability of the right shouldering, ② grade 10 grade 14 of the disability grade, ③ grade 12 grade 15 with respect to the structural disability of both the spaking pipes, ③ grade 9 of the disability grade, ③ grade 12 grade 15 with respect to the procedural disability of both spaking pipes, and the said disability was added to grade 9 of the disability grade.

(hereinafter “instant disposition”). C.

On February 14, 2014, the Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but the said request was dismissed on April 14, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 10, Eul evidence No. 2 (including branch numbers, hereinafter the same), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. At the time of the plaintiff's assertion, the plaintiff has a obvious obstacle to the right shoulder, and thus, the plaintiff's disability grade Nos. 10 and 13 (the remaining person who has a significant obstacle to the function of one pipe among the three sections of one arms: a person whose physical area is limited to at least 1/2 of one arms: a person whose physical area is limited to at least 1/2) of grade 10 and a person who has failed to properly meet both arms. Thus, one pipe among the three sections of one bridge of grade 7 of each disability grade 8 is not proper.