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(영문) 서울행정법원 2016.02.17 2015구단54981
기타(공무상재해/산업재해)
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 July 8, 2013, the Plaintiff suffered injury from the end of the second balance of revenues and expenditures, and obtained approval for medical care from the Defendant, due to an accident in the course of performing his/her duties.

B. On April 7, 2014, the Plaintiff applied for disability benefits to the Defendant, and the Defendant, on April 11, 2014, determined as the disability grade No. 10 No. 9 on the ground that the Plaintiff constitutes “a person who loses his/her own loss” against the Plaintiff.

(hereinafter “instant disposition”). C.

The plaintiff is dissatisfied with this and filed a request for examination and a request for reexamination, but all of them were dismissed.

[Ground of recognition] Facts without dispute, Gap 1, 6, 7, 14 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Since the degree of disability of the Plaintiff’s assertion on the ground that the degree of disability of the Plaintiff’s right hand and the left hand differs, the disability grade should be viewed differently, and since the Plaintiff’s second hand hand handouts were cut at a level above the middle handouts, it should be deemed that the Plaintiff’s disability grade falls under class 9 of class 10 upon deliberation.

In full view of these circumstances, the Plaintiff’s disability grade is higher than class 9 of class 10.

Therefore, the instant disposition taken on a different premise is unlawful.

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

C. (1) Determination (1) Article 57 of the Industrial Accident Compensation Insurance Act provides that disability benefits shall be paid in cases where a worker suffers from a physical disability after treating the injury or disease caused by reason of his/her duties, and disability benefits shall be disability compensation annuities or lump-sum disability compensation benefits according to his/her disability grade, and the criteria for disability grade shall be prescribed by Presidential Decree. Article 53(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act provides that disability grade shall be in accordance with attached Table 6, and in this case, the disability grade

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