장애등급결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff, as an employee of Company B on February 6, 2017, suffered serious injury, such as 52% of the telegraph, such as face, body, both sides, both sides, and both sides, due to a fire accident while on duty.
In around 2018, the Plaintiff was determined at the fourth degree of disability with delay from the Defendant.
B. On February 18, 2019, the Plaintiff filed an application for the adjustment of a disability grade with the Defendant, and on March 19, 2019, the Defendant rendered a decision of grade IV of the disability grade (hereinafter “instant disposition”) to the Plaintiff as “persons whose total exercise scope of three fingers, including one fingers or two fingers, has been reduced to at least 75%, respectively,” and “persons whose three fingers, including one fingers or two fingers, have been reduced to at least 75%,” respectively.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings
2. It is as stated in the attached Form of the relevant statutes.
3. Whether the instant disposition is lawful
A. The plaintiff's assertion is that the plaintiff's 3-do image is constructed with fingers and fingers by suffering from three degrees of images, and all fingers on the left-hand side can not be actively raised, and even if it is possible to a certain extent, it falls under class 3 of the disability grade.
Nevertheless, the instant disposition against the Plaintiff as a class 4 of the disability grade shall be revoked as it is unlawful.
B. Article 2(1) of the Act on Welfare of Persons with Disabilities provides that “a person with disabilities means a person whose physical or mental disability is subject to considerable restriction in daily life or social life for a long time.” Article 2(2) of the same Act delegates the types and standards of disability to Presidential Decree. Accordingly, Article 2 of the former Enforcement Decree of the Act on Welfare of Persons with Disabilities sets the types and standards of disability under attached Table 1, while setting the degree of disability under Article 2(2) of the same Act.