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(영문) 서울행정법원 2017.07.19 2016구단60822

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;

A. On February 20, 2016, the Plaintiff: (a) diagnosed an injury and injury caused by the pressure of the parts of the water and the fingers; and (b) completed medical care on the right side by May 17, 2016; and (c) claimed disability benefits on the same day.

B. On June 14, 2016, the Defendant rendered a disposition to determine the Plaintiff’s disability grade No. 14 (hereinafter “instant disposition”) on the ground that the Plaintiff’s “the first balance of the 1st balance movement is 45 degrees, and the general bond remains,” according to the results of the deliberation of the Disability Determination Committee, deeming that the Plaintiff’s disability grade falls under “the remainder of the national Treasury” in accordance with the deliberation of the Integrated Review Committee for Disability Determination.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 5, Eul evidence 1 (including the number of each branch), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the 1 balance of the Plaintiff’s right-hand side of the Plaintiff’s assertion reduces the scope of active movement to not more than 1/2 of the normal scope, the Plaintiff’s disability constitutes “a person who has become incapable of properly satisfing the finger hand of the single hand hand hand hand,” subparagraph 10 of class 10.

Therefore, the instant disposition that determined the Plaintiff’s disability grade as class 14 is unlawful.

B. Medical opinion 1) On May 17, 2016, the Plaintiff’s doctor’s opinion is the Plaintiff’s opinion, and it appears that the part of Section 1 of Section C of Section C of Section C of Section C of Section C of Section C of Section C of Section C of Section C of Section C of Section C of Section C, and thus, it appears that the part of Section

hereinafter referred to as "colctation".

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