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(영문) 서울행정법원 2018.11.28 2018구단54128
장해급여부지급처분취소
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;

가. 원고는 2014. 4. 12. 공사 현장에서 근무하던 중 동료 근로자가 망치로 제거하다가 공중으로 튄 못에 우안이 찔리는 사고(이하 ‘이 사건 사고’라 한다)를 당했다.

B. Around the date of the foregoing accident, the Plaintiff obtained approval from the Defendant for an occupational disease of “the blood emitting ecephical trauma, blood transfusion from ecephan glass, ephan, ephan ephan, and ephan ephan melting ephan,” and provided the first medical care from around that time to July 20, 2015 (hereinafter “first medical care”).

C. On August 17, 2015, the day after the completion of the first medical care, the Plaintiff filed a claim for disability benefits with the Defendant. On August 25, 2015, the Defendant deemed the Plaintiff’s disability grade No. 8 subparag. 1 (a person whose eye is real name or one eye is less than 0.02) and paid disability benefits to the Plaintiff.

After that, the Plaintiff approved additional medical care from the Defendant for the “actual container removal and opportune dressing” and provided additional medical care from November 9, 2016 to September 5, 2017.

E. On November 27, 2017, after the completion of additional medical care, the Plaintiff’s following 2. A.

On December 15, 2017, the Defendant filed a new claim for disability benefits by asserting that there was no change in the disability grade against the Plaintiff, and made a decision on the payment of disability benefits site (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including branch numbers for those with a branch number) and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. Inasmuch as the Plaintiff’s assertion of the Plaintiff’s assertion lowers the eyesight level of 0.6 or below due to the instant accident, the Defendant raised the Plaintiff’s disability grade from Subparagraph 1 of Class 8 (a person whose real name or the eyesight of one eye is less than 0.02) to Subparagraph 1 of Grade 7 (a person whose primary eye is real name and the other eye is less than 0.6) and thus, additionally paid disability benefits.

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