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(영문) 서울행정법원 2018.05.09 2017구단62504
장해등급결정처분취소
Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on April 9, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On September 21, 2016, while moving to another work site on September 21, 2016, the Plaintiff was faced with an accident of cutting the left side, etc. by another worker’s early stage of his/her work, and filed a claim for disability benefits from the Defendant after receiving an approval for medical care by February 25, 2017.

B. On April 9, 2017, the Defendant rendered a disposition against the Plaintiff to determine that the Plaintiff falls under “a person who has failed to properly mout or satisfy any other four fingers” under class 14 of the disability grade (hereinafter “instant disposition”) for the following reasons.

[Basic Calculation] - Persons who have become incapable of properly implementing the satise of a new 12th class 14th class or 4th class 14 of a new 12th class 14 or other satise of a new 14th class 10 - Persons (generally operated) suffering from a new satise of a new 14th class 10th class - Persons who failed to properly satise a new satise of a single satise of a new 12th class 14th class or any other 4th class satise of a new satise of a new satise

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the cause of the Plaintiff’s physical disability, such as demotion, construction, and psychotropic damage, is clear; thus, the scope of the official movement should be measured by an active exercise measurement; and in this case, the Plaintiff’s disorder on the left-hand fall under class 13 of class 9, “a person who has failed to properly implement one-way proposal.”

In addition, disability such as the passage of the left-hand side of the plaintiff is "a person who has an obstacle to labor due to a common labor ability but a serious trouble on the part who suffered an upper party's wife," Item 15 of Article 12.

Nevertheless, the defendant may interfere with the plaintiff's birth by passive movements.

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