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(영문) 서울행정법원 2018.08.30 2018구단59376
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 November 9, 2017, the Plaintiff, as a daily employee, provided medical care with the Defendant for the “alley of the first balance of the well-beingd 1 balance of the well-beingd 1 balance of the water,” which was incurred from the Plaintiff’s right-hand hand, while performing a cryp dismantling work at the construction site of the new construction site of the new facilities in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, with the approval of the medical care from the Defendant, and then closed medical treatment on February 28, 2018, and then claimed disability benefits for the remaining disability.

B. On March 29, 2018, the Defendant rendered a decision on March 29, 2018 on the Plaintiff’s disability grade No. 14-10 (hereinafter “instant disposition”) to the effect that the Plaintiff constitutes a person who remains in the national department on the water surface on the ground that “the 1st balance of the 1st balance of the 1st balance falls short of the disability grade standard, but the 45th grade of the surrounding part is remaining on the water surface.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion’s opinion, even if the degree of disability of each Section of the Plaintiff’s right-hand fingers is based on the scope of each physical movement, the disability grade of the middle balance pipe is class 10, class 10, class 10, and class 10, and the Plaintiff’s final disability grade adjusted pursuant to Article 53(2) of the Enforcement Decree of the Industrial Accident Compensation Act is class 9, but the Defendant’s disposition based on the different premise is unlawful.

(b) Medical opinions 1) - The name of injury or disease, which causes disability - The alley part of the first balance of the wellbal part of the wellbal part - the length of the first balance of the wellbal part - the strong diameter of the water and the pain of the heavy water - Themal part 10 degrees of the sobal part 10 degrees of the sobal part 10 degrees of the sobal part ( normal 60 degrees), the 0 degrees (normally 0 degrees), the 20 degrees of the newborn (normally 0 degrees by the dynamic movement), the 0 degrees of the newborn (measurement method by the dynamic movement), the 5 degrees of the sobal part - the 0 degrees of the new part 0 degrees ( normal 80 degrees), the method of measuring the dynamicly 0 degrees (normal 0 degrees) ( normal 0 degrees) by the dynamic movement.

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