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(영문) 서울행정법원 2015.02.11 2013구단55058
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 B의원에서 간호조무사로 근무하던 중 2011. 11. 28. 환자를 돌아눕히는 과정에서 허리를 삐끗하여 ‘제4-5요추간 추간판탈출증, 요추부 염좌' 진단을 받았다.

B. After receiving medical care until November 30, 2012 with respect to the above injury and disease, the Plaintiff claimed disability benefits in relation to the “salvout and outbreak on the left side” of the disability part.

On December 14, 2012, the Defendant decided and notified the Plaintiff’s disability grade No. 8 class 2 (hereinafter “instant disposition”).

[Judgment of the court below] Facts without dispute, Eul 1 and 2 evidence

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Defendant rendered the instant disposition on the premise that the Plaintiff’s breath-mine exercise scope is about 40 degrees (which falls under 0 degrees, 40 degrees, and 10 degrees 14 of disability grade).

However, the exercise scope of the plaintiff's saak field is about 0 degrees of saak and about 0 degrees of saak.

The Defendant recognized that the 40th degree of 40 degrees of the Plaintiff’s abundance, on the ground that the Plaintiff’s abundances up to 40 degrees below the Plaintiff’s abundance, but this is not the Plaintiff’s abundance, but the Plaintiff’s abundances up to 40 degrees of 40 degrees

Therefore, the technical disability of the plaintiff is class 8, and the whole disability grade that reflects it should be class 6.

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

C. In full view of the evidence revealed prior to medical opinions, the following sports scope and medical opinions can be acknowledged in relation to the Plaintiff’s left-hand table assignment, taking into account the following: Gap evidence Nos. 1, 2, and Eul evidence Nos. 3 and 9; the results of the physical examination entrusted to the head of the Macheon-do University Seoul Hospital Hospital; and the results of the fact-finding conducted with respect to the C Jong-

As a result of the measurement of the scope of the exercise, 00 00 40 00 40 1/2 or more of the 2040 20 30 110 jun 10 jun 40 00 40 40 1/2 or more of the 40 jun 110 jun 110 jun 15 55 jun 5.5 5

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