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(영문) 대구지방법원 2014.12.24 2013구단2803
장해등급결정처분취소
Text

1. The Defendant’s disposition of disability ratings rendered against the Plaintiff on February 7, 2013 is revoked.

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

Reasons

1. Details of the disposition;

A. On October 9, 2010, the Plaintiff was receiving an emergency operation after having been in the process of an emergency operation after having been in the process of an emergency operation. On November 4, 2010, the Plaintiff was diagnosed as a corpse at a department, etc. inside the Gangnam Synish Hospital, etc., by showing the symptoms of brain dystrophys, and due to a sudden strophy and strophyal loss after undergoing the procedure for the surgery.

B. On July 9, 2012, the Plaintiff received a determination of Grade 5 of visual disability from the Defendant on January 24, 2013, and applied for the adjustment of disability ratings on January 24, 2013, and the Defendant rendered the instant disposition to grade 5 with the same visual disability as the previous one on February 7, 2013. The reasons for the instant disposition are as follows: “The maximum correction time of the Plaintiff’s medical record at the time of December 2, 2011, and June 3, 2012, the maximum correction time of the Plaintiff’s medical record at the time of 0.3, 0.1, in a state where it is impossible to verify any objective cause that may deteriorate the eyesight after 0.1, the degree of visual disability does not fall under a visual disability, but the total visual range of the two eyes at the time of normal visual disability is reduced by at least 50%, and thus, the determination is as Grade

C. Accordingly, the Plaintiff filed an objection against the Defendant on February 14, 2013, but the Defendant, following an examination by the National Pension Service, determined the same grade as the previous one on February 28, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, and Eul No. 1 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is based on the Plaintiff’s report on disability test conducted by the Gangwonnam National University Hospital around June 2012, and the Plaintiff’s maximum correction trial time falls under 0.3 and 0.1 on the left, and the Plaintiff determined that only the view disability occurred without any visual disability. However, according to the method of measurement’s disability diagnosis conducted around January 2013, it cannot be seen as an accurate diagnosis, and it constitutes 0.025 and 0.2 degree of visual disability as the safety balance of the left university hospital, according to the disability diagnosis conducted by the Gyeongnam National University Hospital on and around January 2013.

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