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(영문) 서울행정법원 2019.05.29 2018구단75088
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 September 8, 2017, the Plaintiff was an employee affiliated with B, who participated in the workshop of the said company and participated in outdoor activities (hereinafter “instant accident”).

B. After the occurrence of the instant accident, the Plaintiff was diagnosed by the Defendant at the pressure table No. 12 (hereinafter “the instant injury table”) and received medical care from the Defendant during the course of business from September 8, 2017 to December 10, 2017, and filed a claim for disability benefits for the instant injury group with the Defendant on December 12, 2017.

C. On December 21, 2017, the Defendant rendered a decision on the Plaintiff’s disability grade No. 12 (hereinafter “instant disposition”) against the Plaintiff, based on the result of deliberation by the Defendant’s advisory society, which held that the pressure rate of No. 12 of the Plaintiff’s Mansan was 17.46% (hereinafter “instant disposition”).

The Plaintiff filed a petition for review against the instant disposition, but the petition for review was dismissed on February 23, 2018, and the petition for review was filed again, but the petition for review was dismissed on August 10, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s main body of the Plaintiff’s assertion presented medical opinions that the pressure rate of No. 12 of the Plaintiff’s chest 12 is 36%, etc., the Plaintiff’s disability grade related to the instant higher branch constitutes class No. 11 subparag. 7 (the remaining body of the Plaintiff’s disability) and thus, the Defendant’s disposition based on a different premise is unlawful.

나. 관계 법령 ▣ 산업재해보상보험법(이하 ‘산재보험법’이라 한다) 제57조(장해급여) ① 장해급여는 근로자가 업무상의 사유로 부상을 당하거나 질병에 걸려 치유된 후 신체 등 에 장해가 있는 경우에...

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