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(영문) 서울행정법원 2017.11.08 2016구단26655
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 November 30, 2009, the Plaintiff was determined at the disability grade 5 following the completion of treatment due to an occupational accident of “the damage to the descendants on the left side and the lower body pressure, the upper left part and the upper part of the aggregate, the 3rd part of the left part, the 4th part of the left part, the cutting of the 5th part of the left part, the cutting of the 4th part of the left part, the cutting of the 4th part of the upper part, the 4, the 5th part of the 5th part, the cutting of the 4, the 4, the 5th part of the 5th part of the upper part, the 4, the 5th part of the 4, the 5th part of the 4, the 5th part of the 5th part of the 5th part, the 10th part of the 10th part

B. On March 4, 2014, the Plaintiff claimed for disability benefits on August 10, 2016 after the completion of the re-treatment on August 9, 2016 due to symptoms deterioration, and on August 26, 2016, the Defendant rendered a decision on September 26, 2016 on the ground that “The Plaintiff’s left-hand deficit falls under class 6 of the disability grade in the state that it is impossible to exercise due to the malfunction’s function, but falls short of class 6 [Class 6] applicable mutatis mutandis to the first approved injury disease and the person approved for the re-treatment (Class 5) who was unable to use permanently his/her arms (Class 4), and that there was no higher disability grade compared to class 5 (Class 5) of Grade 12 of Grade Ma of the General Health and Welfare (Class 5) and the final disability grade (hereinafter “the instant decision was made”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the disability grade of the Plaintiff’s claim corresponds to class 2 of class 5 (the person who loses his/her own arms from the part above the part above the part above the part above the part above the part above), and the Defendant’s disposition based on a different premise is unlawful.

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

(c) Recognition 1) The left-hand part of the Plaintiff’s existing disability grade A): the left-hand part of class 8 subparag. 6 (one of the three sections of the first sale) or the left-hand part of class 7.

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