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(영문) 서울행정법원 2019.09.18 2018구단76098
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 May 18, 2017, the Plaintiff was an employee of Company B, who was engaged in dismantling a pipe on the floor that was on the second floor of the ground at the construction site, and was faced with an accident where the right sprinking down (hereinafter “instant accident”).

B. After that, the Plaintiff received medical treatment by October 20, 2017 as a result of the recognition of the instant injury by the Defendant as an occupational accident, and filed a claim for disability benefits for the instant injury to the Defendant on October 23, 2017.

C. On November 2, 2017, the Defendant: (a) on the Plaintiff, on November 2, 2017, the scope of movement in Section 1 of the Plaintiff’s right-hand trees falls under 75 degrees; (b) this falls under the disability grade of Class 10 of Class 12 (a person who remains on the part of Section 1 of Section 1 of Part 3 of one bridge); and (c) since the remainder of a general bridge falls under the disability grade of Class 10 (a person who remains on the part of the State) of Grade 14, the Defendant issued a disposition that determines the Plaintiff’s final disability grade as Class 12 (hereinafter “instant disposition”).

The Plaintiff filed a petition for review against the instant disposition, but the petition for review was dismissed on April 9, 2018, and the petition for review was subsequently dismissed on September 3, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s summary of the Plaintiff’s assertion is a reason why the exercise of the Plaintiff’s right brupty is restricted, which constitutes “the e-mail and non-competence of e-mail,” and this constitutes a case where the cause of physical disability is clear, and thus, constitutes “the instant disability” under Article 47(3)1 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

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