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(영문) 서울행정법원 2018.11.29 2018구단57288
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. The Plaintiff is performing the work of extinguishing fire and removing steel plates in the workplace while serving as fire fighting workers at B Fire Fighting Station, B Fire Fighting Station, 119 Safety Center.

The Defendant’s medical care was granted from October 28, 2014 to July 19, 2016, with the Defendant’s approval for medical care in the line of official duty, as “Stop fevers to the right stong, to the right stong, the left stong, and the left s to the left stong.”

B. On June 10, 2016, the Plaintiff retired from office. On September 26, 2016, the Plaintiff filed a claim for disability benefits with the Defendant, “The remaining disability after the treatment was closed,” i.e., the field of revolving the shoulder (e., the state of alcohol), the left-hand slots (e.g., the state of alcohol), and the right slots (infection).

C. The Defendant rendered a decision on September 8, 2017 on the Plaintiff’s disability grade 6 of the disability grade 12 (hereinafter “instant disposition”) on the ground that the Plaintiff’s disability condition falls under class 6 (the remaining person who has a disability in the function of one joint section among the three joint sections of one arms) under the Enforcement Decree of the Public Officials Pension Act (attached Table 3) with a limited scope of 1/4 or more in the case of the right field, and that in the case of the left joint section, the exerciseable scope falls under the external grade of less than 1/4.

Therefore, the plaintiff filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed by the Public Official Pension Benefit Review Committee.

[Grounds for recognition] Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that he worked as a fire-fighting officer while suffering from an injury in the field of a fire, and finally receiving a refund of a mission in the left-hand slot and the right-hand shoulder on the ground that he had an obvious disability except for one part of the present letter. Thus, the plaintiff's disability grade falls under class 7, but the defendant's disposition of this case made on a different premise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The plaintiff.

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