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(영문) 서울행정법원 2017.06.02 2015구단20230
장해등급제8급처분취소
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. As an employee of the Daelim Industrial Corporation, the Plaintiff received medical care until March 21, 2015 after obtaining approval from the Defendant as an occupational accident in relation to the upper right-oriented mina, damage to the right-hand Hyne NOS, damage to the multiple sub-complication, etc., which was caused by the fall accident caused by July 24, 2014 while serving as an employee.

B. The plaintiff is the above A.

After completion of the medical care as stated in the above paragraph, the defendant is entitled to do so.

With regard to the main sentence described in paragraph (1), “the number of water units and the number of water units on the right side” was claimed for disability benefits, and the defendant made a disposition on April 15, 2015 that the Plaintiff’s disability grade falls under class 8 as follows (hereinafter “instant disposition”).

In the case of a person whose physical area of hand is limited to 1/2 or more, and whose physical area of hand is limited to 1/2 or more, and who has a certain degree of ability to work in accordance with Article 10 subparag. 13 [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act in accordance with the criteria for disability grade (hereinafter “the criteria of this case”) under the main sentence of Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “the criteria of this case”): The relevant adjustment to a person whose physical area of hand is limited to a considerable degree of ability to work, but whose job area is considerably limited due to the same kind of ability to work, is limited to a person who has considerable degree of ability to work in his/her ability to work in accordance with the criteria of this case, the relevant adjustment is without any dispute, and the purport of all pleadings as a whole.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant applied the method by means of a passive movement in measuring the exerciseable area of the Plaintiff’s arm’s length hand, which is unlawful. The Plaintiff’s exerciseable area is limited to not less than 3/4 of the average exerciseable area of the Plaintiff’s arm’s length, and the disability grade of this part falls under class 6 of class 8 in accordance with the instant standard. 2)

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