logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.04.09 2019구단52730
장해등급 재판정 결정처분 취소청구
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 December 30, 2013, while working in B Co., Ltd., the Plaintiff was involved in an accident where the sloping beam (H-Beam) of the Manonoday was at the lower right line of the Plaintiff, while working in B Co., Ltd. and at around 09:30, 2013.

As a result, the Plaintiff diagnosed and provided medical care, and then claimed disability benefits to the Defendant. The Defendant adjusted the Plaintiff’s disability grade No. 10 No. 13 and No. 8 of disability grade for the physical disability of the right fingers and applied mutatis mutandis to disability grade No. 7.

B. On July 2, 2018, when the Plaintiff received the disability pension from the Defendant, the Plaintiff applied for the re-determination of the disability grade to the Defendant.

On December 10, 2018, the Defendant decided the Plaintiff’s disability grade No. 8(6) (hereinafter “instant disposition”) on the ground that the Plaintiff’s disability grade was “as a result of the measurement of the exerciseable scope, such as the fingers on the right hand, the right handout was determined in normal terms by class 8 of disability grade and the right handout was determined by the exerciseable scope,” and that the Plaintiff’s disability grade No. 8(6) (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1, 8 through 11 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since it is clear that the cause of measurement of the plaintiff's exercise function disorder is the right balutism in measuring the plaintiff's assertion, the defendant is required to follow the method of measurement by active exercise. However, the defendant is erroneous in measuring it based on the method of measurement by passive exercise, and considering the fact that the exercise scope of the right balute has decreased than the time when the disability grade was determined to be applied mutatis mutandis, or that the degree of disability of the right balute has decreased, the disability grade of the right balute is at least 8, such as transfer.

arrow