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(영문) 서울행정법원 2015.09.18 2014구단50760
장해등급결정처분취소
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 9, 2008, while working in the Myeon River Co., Ltd., a waste company, the Plaintiff was diagnosed as “the guest blood or waste cancer” (hereinafter “the instant injury and disease”), and received medical care approval from the Defendant, and received medical care until September 30, 2013.

B. On November 22, 2013, the Plaintiff filed an application for disability benefits on the ground that the Plaintiff had been disabled due to climatic climatic climatic climatic cliff, and on December 23, 2013, the Defendant rendered a disposition to determine the Plaintiff’s disability grade as class 11 (hereinafter “instant disposition”) (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap 1, 4, and 5 evidence, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s disability status due to the instant injury and disease constitutes class 5 of class 7 (except for those who are unable to function with a long-term function with a short-term part of chest uniforms) or class 16 of class 9 (Article 16 of class 9 of class 16 of the same Act whose labor service remains limited to a considerable degree).

Therefore, the instant disposition taken on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes.

C. Medical opinions (1) (1) disability diagnosis statement (2) - Macro cro crypism, radiation crypism, etc. - there is a decline in physical and labor ability. - Without any impediment to daily life, physical labor ability is reduced. (2) The opinion of the head of the original disposition office of the defendant (2) the opinion of the head of the original disposition office of the defendant (2) on the consultation (2) - As a result of the result of the end-of-life function, the FEV 53% and the FVC 68% are judged to be the person who has remaining with a short-term function of chest, (3) disability diagnosis statement (3) - the physical disability grade 7 grade 5 under the State Compensation Act, and the labor loss rate accordingly falls under 60% (in addition to the minor labor that remains due to a prolonged disorder), but it is impossible to lead a daily life, but it is impossible to make it impossible (4).

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