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(영문) 서울행정법원 2013.10.18 2011구단7529
장해등급결정처분
Text

1. The Defendant’s disposition of determining a disability grade that the Plaintiff rendered on May 4, 2010 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On February 22, 2005, the Plaintiff obtained approval of “a light fluoral fluoral pulverization and separation of the upper part of the earth, and the right fluoral fluoral fluoral fluoral fluoral flusium, the left side fluoral flusium, fluoral flusium, the left side fluoral flusium, the left side bluoral flusium, the left left side brusium, fluoral flusium, and the Plaintiff claimed disability benefits to the Defendant on January 31, 2010.”

B. On May 4, 2010, the Defendant rendered a determination of the Plaintiff’s final disability grade 8 on the premise that the Plaintiff’s left side leg Nos. 8-7 and class 14-10 of the brain mental disability (hereinafter “instant disposition”) and paid disability benefits to the Plaintiff.

[Ground of recognition] Evidence Nos. 1-1 and 2-2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s brain mental function disorder falls under class 3 or higher disability grade than class 10 recognized by the Defendant at least.

The instant disposition based on a different premise is unlawful.

In addition, the instant disposition is illegal in violation of the procedure.

(b) Article 53 (Standards, etc. for Disability Grades) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (1) shall be as specified in attached Table 6;

In such cases, detailed standards for determining disability grades by physical parts shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(2) If there are two or more disabilities meeting the standards for disability grades prescribed in attached Table 6, the disability grade for the worker concerned shall be that of the more severe disability, but if there are two or more disabilities of grade 13 or higher, the disability grade of the worker concerned shall be that adjusted according to the following classification:

However, if the result of the adjustment exceeds the Grade I ex officio, the Grade I shall be the disability grade of the worker, and it shall be the same.

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