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(영문) 서울행정법원 2015.02.13 2014구단55277
장해급호변경
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 October 28, 2013, the Plaintiff sustained injury by falling below 2.2 meters at the site of the construction site of the public health clinic in Ulsan-do, Ulsan-gun, Incheon Special Metropolitan City, which was implemented by the Dispute Resolution Co., Ltd., and on November 18, 2013, the Plaintiff received medical care from the Defendant with respect to the “proteverization of a stoke in the left part of the stong stoke, the stoke, the left-hand stoke salt, the left-hand stoke, and the left-hand stoke salt” by obtaining medical care approval until April 29, 2014.

B. On May 2014, the Plaintiff claimed disability benefits to the Defendant.

On May 16, 2014, the defendant judged that the disability grade Nos. 12-10 of the disability grade is No. 12-10 of the left-hand part of the disability grade with respect to the disability of the function of the above-hand part, and the second degree of the disability grade is No. 12-15 of the left-hand part of the disability grade. The defendant determined the disability grade No. 11 of the

(hereinafter referred to as “instant disposition”). [The grounds for recognition] Gap 1, 3, and 5, and Eul 1

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s claim’s disability diagnosis, since the exerciseable area of the Plaintiff’s left-hand part is a total of 35 degrees, and is limited to at least 1/2 of the average exerciseable area (110 degrees), the disability grade No. 10 grade No. 14 should be determined. The Plaintiff should be determined at the disability grade No. 9 by aggregating this and the chronic disorder of the left-hand part.

(b) Relevant statutes: Attached Form;

C. (i) Medical opinion: (i) The active exerciseable area of the Plaintiff’s left-hand sponsed by physical appraisal is 35-5 degrees (i.e., 0 degrees of double-fashion, 10-30 degrees of double-fashion, and 15 degrees of external 10 degrees of external 15 degrees), and the passive exerciseable area is 55 degrees (i.e., 0 degrees of double-fashion, 30 degrees of external 10 degrees of external 15 degrees)

Sheet measurement results are located in the boundary of 1/2 of the average exerciseable area of normal persons (110 degrees), but the measurement results of the active exercise scope and the passive exercise scope are different from pains, or may be attributable to pains or intended, and they are together with radiation photographs.

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