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(영문) 서울행정법원 2016.11.07 2015구단59825
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 24, 2013, while moving from the first floor of B at the construction site, the Plaintiff obtained approval for medical care on the ground that “the head of the steel structure falls from the second floor,” which “the head of the steel structure falls from the second floor,” and filed a claim for disability benefits with the Defendant, after completing medical care on December 31, 2014.

Accordingly, on February 2, 2015, the Defendant rendered a disposition against the Plaintiff as Class 9 No. 15 of the disability grade (a person whose labor service remains considerably limited in the function or mental function of the neurosis).

(hereinafter “Disposition in this case”). [Grounds for recognition] without dispute, Gap’s evidence No. 1-3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff constitutes subparagraph 3 of the disability grade 3 (a person whose significant disorder in the function or mental function of the neurosis remains and is not able to engage in labor for a lifelong life) or subparagraph 8 of the grade 5 (a person whose disorder in the function or mental function of the neurosis remains particularly obvious) and thus, the instant disposition is unlawful.

B. The Plaintiff’s disability grade Nos. 3-5 and 2 (including additional numbers) is insufficient to recognize that the Plaintiff’s disability grade is higher than that of class Nos. 9 and 15 according to the instant disposition, and there is no other evidence to acknowledge it.

Rather, according to the evidence No. 1 of this Court, according to the result of the physical examination entrusted to the Ansan Hospital of this Court, the Plaintiff is only aware that the Plaintiff fell under class 15 of class 9 as a person whose labor service remains considerably limited due to impediments to the function or mental function of the New York System.

The instant disposition cannot be deemed unlawful.

3. We cannot accept the Plaintiff’s claim for conclusion.

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