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(영문) 서울고등법원 2020.10.22 2019누42947
장해등급결정처분취소
Text

The judgment of the first instance shall be revoked.

2. On June 21, 2017, the Defendant’s disposition of determining a disability grade against the Plaintiff is revoked.

Reasons

Details of the disposition

The reasoning for this part of this Court is that the corresponding part of the judgment of the court of first instance (No. 2, No. 2, and No. 16) is the same as that of the corresponding part of the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the

Inasmuch as the criteria for disability of the instant injury and disease are not specifically provided for in the relevant statutes, the Plaintiff’s disability grade should be determined according to the criteria for disability of pneumoconiosis and chronic closed-pulmonary diseases (COD, ChrronicObru) presented in the relevant statutes, etc.

The plaintiff's fEV1, Forced Exirory Vloude's Efforts-based active quantity (FVC, Forced Vital Calcat) refers to the air quantity that the spits are spited in a stable state and rapidly and as soon as possible after being hidden to the maximum extent possible. Among them, spits are spited in the first first first year.

A mixed use of English abbreviations and Korean shall be used in accordance with the context.

The limited ventilation disorder is classified as limited ventilation disorder, closed ventilation disorder, complex ventilation disorder, and limited ventilation disorder, which can be caused by 61% of the ordinary predicted level, which are merely 62% of the normal predicted level (the next detailed examination is examined). The limited ventilation disorder seems to be at least 70% of the daily initial rate (which is calculated by dividing the first one by the amount of labor force, i.e., FEV / FVC) and to reduce the amount of labor force and the first one at the same time. According to the classification of the grades of pneumoconiosis and chronic pulmonary diseases, according to the classification of the grades of pneumoconiosis and chronic pulmonary diseases, the first and Efforts active quantity of the Plaintiff falls under at least Grade 7 of the disability grade, and the Plaintiff’s pulmonary resuscitation (DLCO, Difling Fussafing, and the first one) is moving from pulmonary carbon dioxide into the atmosphere and after the movement of pulmonary carbon dioxide into the atmosphere in accordance with the Plaintiff’s ability.

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