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(영문) 서울행정법원 2015.03.05 2014구단5708
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 January 4, 2011, the Plaintiff suffered injuries, such as pictures, by impairing the rain pipes, while removing the rains received from the construction site around January 4, 201, in contact with the high voltage lines.

B. On April 15, 2014, the Plaintiff claimed disability benefits to the Defendant in relation to the above occupational accident. On the part of the Defendant, around April 15, 2014, the Defendant made a claim against the Plaintiff for disability benefits: ① Class 2 (a person who has lost one part of his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his/her part in his part in his/her part in his part in his part.

[Reasons for Recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) In relation to the left and left hand disability, the Plaintiff’s left hand’s five fingers and the part is not properly used. As such, this is equal to that of cutting the part above the left hand and labor ability loss rate, and thus, the same disability grade should be recognized. Therefore, the disability grade of the left hand and the left hand hand’s disability ought to be deemed class 5. In such a sense, the arms’s disability falls under class 2 of the disability grade by adjusting a higher level of class 3 because it falls under the case where there are two or more disabilities falling under class 5 or higher. In addition, the Plaintiff’s arms (the grandchildren is the disability of not less than two grandchildren) is cut.

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