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(영문) 서울행정법원 2017.01.16 2016구단23977
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 29, 2013, the Plaintiff received a medical treatment for disability benefits to the Defendant after treating the 5th left-hand balance of the pipe cutting work at a hotel construction site, as “the 5th left-hand balance of the 5th left-hand balance of the 5th left-hand balance, the 5th left-hand balance of the 5th left-hand balance, and the combined part of the 5th unit.”

Accordingly, on August 29, 2016, the defendant issued a disposition to determine the plaintiff as class 15 of the disability grade (persons whose labor service remains considerably limited due to the function or mental function of the neurotic system) according to the review opinion of the Integrated Review Board (the detailed review opinion of the review committee is as shown in the attached list).

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 1, Eul’s evidence 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff constitutes disability grade No. 7 subparag. 4 (except for a person who does not have any impediment to the function or mental function of the neurotic system) and thus, the instant disposition is unlawful, as it is unlawful, for instance, that the Plaintiff’s use of two descendants is difficult, such as simple household work or his daily life without his children’s aid.

B. In light of the review opinion of the above review committee, it is insufficient to recognize that the Plaintiff’s disability grade No. 1 alone is higher than that of class No. 9 15 (a person whose remaining labor service is considerably limited due to the function or mental function of the neurotic system) in accordance with the disposition of this case, and there is no other evidence to acknowledge this otherwise, and thus, the disposition of this case cannot be deemed unlawful.

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

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