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(영문) 서울행정법원 2017.11.29 2017구단5396
장해등급결정처분 취소
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 19, 2015, the Plaintiff was subject to the accident that the fingers of the instant accident were divided into the stones during the work of care of stairs at the site of the construction of a newly constructed urban-type residential house B in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant accident”).

B. The Plaintiff completed medical treatment and claimed disability benefits after receiving medical treatment until March 8, 2016 as an injury or disease in the aggregate of the second balance of revenues and expenditures due to occupational accidents.

Accordingly, on April 6, 2016, the Defendant determined the Plaintiff’s disability grade by Grade 14th 10 (hereinafter “instant disposition”) on the ground that “The disability grade of the Defendant is short of the standard of disability grade (80 degrees of middle balance, 60 degrees of neighboring part, 30 degrees of front part, 30 degrees of front part), and the left-hand balance of the second balance of ordinary dynamics (Article 14th 10 of the disability grade: No. 14 grade 10 of the official e.g., the official e., the official e., the official e., the official e., the official e., the official e., the official

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the scope of movementable on the left-hand balance of the second left-hand balance according to the Plaintiff’s opinion constitutes the disability grade 11, which is measured as “50 degrees of middle balance of revenues and expenditures, 50 degrees of neighboring part of expenses, and 40 degrees of raw part of expenses.”

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

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

C. According to Article 57(2) of the Industrial Accident Compensation Insurance Act, Article 53 [Attachment 6] of the Enforcement Decree of the same Act, and Article 48 [Attachment 5] of the Enforcement Rule of the same Act, in order to become the disability grade Nos. 11 and 9 of the same Act, a person shall be a person who has failed to properly exercise his/her second finger, and “a person who has failed to exercise his/her fingers” refers to a person whose physical exercise area is limited by not less than 1/2 of his/her second fingers or the first balance pipe (franking pipe).

According to Article 47 (3) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act, it shall be strong and constructed negoal damage.

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