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(영문) 서울행정법원 2015.05.22 2013구단15180
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on November 1, 2012 is revoked.

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

Reasons

1. Details of the disposition;

A. At around 14:00 on May 17, 2010, the Plaintiff was a worker belonging to B forestry cooperative, who was involved in cutting the left hand hand hand saw on the machinery saw that was cut by the flag workman, and was determined as class 9 (Class 10 of disability grade No. 10 for the purpose of closing the exercise function of the flag on the part of the flag. 14:00 on May 17, 2010, with the Defendant’s approval of medical care from May 17, 2010 to December 5, 2010, and was determined as class 9 (Class 10 of disability grade No. 10) applied mutatis mutandis by the Defendant.

B. From February 9, 2012 to August 23, 2012, the Plaintiff re-medical care was granted to the injury or disease of “alleypathy cutting” (hereinafter “instant injury or disease”).

C. On September 1, 2012, the Plaintiff filed a claim for disability benefits with the Defendant for disability benefits of the number Nos. 1 and 2 on the left-hand side. However, the Defendant rendered a disposition to pay disability benefits (hereinafter “instant disposition”) to the Plaintiff on November 1, 2012, on the ground that “The physical restriction on the exercise of the number Nos. 1 and 2 on the left-hand side is difficult to recognize the causal relationship with the approved epic cutting, the epiculative cutting, the bending cut (3, 4, 5). The playgrounds of the number Nos. 1 and 2 on the left-hand side shall be deemed a temporary disability, and the disability benefits have already been received after receiving the disability judgment on December 15, 2010.”

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 through 3, 5 through 7, Eul 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. After receiving additional medical care, the Plaintiff’s assertion left a playground where the exerciseable area in the middle balance pipe or the first balance pipe of the water 1 and 2 on the left-hand side is limited to not less than 1/2 of the normal range. Since such a disability has a causal relationship with the instant upper branch due to permanent disability, it is impossible to properly see five fingers of one hand as one of the 7th of the disability grade 7.

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