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서울행정법원 2018.03.16 2017구단60362
장해등급결정처분취소
Text

1. The Defendant’s disposition of disability ratings rendered against the Plaintiff on April 14, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On July 9, 2003, the Plaintiff, who was working as a person in charge of B in the Korea-U.S. General Welfare Center, was diagnosed as “Masung-B,” and on September 17, 2003, obtained the Defendant’s approval for medical care for the injury and disease in the line of duty.

B. From September 2, 2003, the Plaintiff received blood marble surgery from the Hanyang University Hospital on June 22, 2004, but lost the function of the extension transplant received due to immunodeficiency refusal, thereby controlling the extension to the right-hand side of the transplant received on September 2, 2008. On March 27, 2013, the Plaintiff received hartition surgery on the left-hand side at the Seoul Asan Hospital.

C. On November 7, 2015, the Plaintiff filed a claim for disability benefits with the Defendant on the ground that “a condition of further disability due to the universal disability disorder” was a disability injury. However, the Defendant rendered a disposition on the disability benefit site payment on November 17, 2015 on the ground that the Plaintiff does not fall under the disability grade stipulated in [Attachment Table 3] under Article 45(1) [Attachment Table 3] of the Enforcement Decree of the Public Officials Pension Act.

On January 20, 2017, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the above disability benefit site payment disposition (hereinafter “previous lawsuit”) under this Court Decision 2016Gudan5523, and this Court rendered a favorable judgment against the Plaintiff on January 20, 2017.

The above judgment became final and conclusive as it did not appeal by the defendant.

The defendant is above C.

On April 14, 2017, after the judgment of the previous lawsuit became final and conclusive, the Plaintiff rendered a decision that the Plaintiff’s disability grade falls under class 11 of class 11, and notified it.

(hereinafter referred to as "the Disposition in this case". 【No dispute over the grounds for recognition', Gap evidence Nos. 2, 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) The details of the relevant statutes are as shown in the attached statutes;

B. 1) After having undergone a kidne test on the left side at the Seoul Asan Hospital, the Plaintiff was diagnosed to have all functions as of March 17, 2014 as normal. 2) The Plaintiff was diagnosed on September 24, 2015.

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