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(영문) 서울고등법원 2015.01.23 2014누3039
장해등급결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 8, 2007, the Plaintiff, an employee of the Young-gun Forestry Cooperatives, was using trees during the work, and was shocked with a shoulder part, and filed a claim for disability benefits with the Defendant by asserting that the Defendant had a disability in the right shoulder part of the upper gate, i.e., the Defendant’s name, “the upper gate franchisium franchisium franchisium franchisium franchisium franchisium franchisium franchisium franchisium franchisium franchisium, granchisium franchisium, chronic franchisium, and granchisium franchisiums

B. On May 24, 2012, the Defendant decided the Plaintiff’s disability grade No. 12 No. 9 in accordance with the Plaintiff’s right shoulderer’s opinion of the advisory society that the Plaintiff’s right shoulderer’s exercise scope is 305∑/500∑.

(hereinafter “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition and filed a request for review on July 24, 2012, but was dismissed on September 24, 2012, and filed the instant lawsuit on October 18, 2012.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 7, 8, 9 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion falls under class 7 subparag. 9 of the disability grade as a person who remains with obvious physical disability in one arms, and falls under class 7 subparag. 9 of the Plaintiff’s physical disability. Even if unlike the above, since the physical disability area in Section 1 is limited to at least 1/2 of the disability grade and falls under class 13 of the disability grade, the instant disposition taken on a different premise is unlawful.

B. It is as stated in the relevant laws and regulations attached thereto.

C. Medical opinions on the Plaintiff’s right angle 1) The Plaintiff’s right angle 20 March 20, 2012 in C Hospital C Hospital’s physical area due to the Plaintiff’s passive movement is as follows. The normal measurement of normal measurement of normal measurement of normal measurement of normal measurement of normal measurement of normal measurement of normal measurement of the table table.

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