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(영문) 서울행정법원 2021.02.05 2020구단53517
장해등급결정처분취소
Text

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 March 22, 2018, the Plaintiff, who served as a taxi driver of the taxi company B, was diagnosed on and around November 6, 2018, received medical care by the Defendant on September 30, 2019 with the approval of the medical care from the Defendant, and claimed disability benefits to the Defendant on October 10, 2019.

B. On February 13, 2020, the Defendant determined the Plaintiff’s disability rating as Class 7 No. 4 (except for those who are not able to have any impediment to the function or mental function of the neurosis).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence Nos. 3 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful on the premise that the Plaintiff’s assertion falls under “a person who is unable to engage in lifelong labor due to the performance of daily activities, walking, and labor disorder due to the left-hand paralysis, but is unable to engage in lifelong labor.” However, the instant disposition based on the premise that the Plaintiff’s assertion falls under “a person who is unable to engage in any physical or mental function other than that which

(b) The details of the relevant statutes are as shown in the attached statutes.

(c)

1) Medical opinions1) The doctor’s (C hospital’s certificate of disability on September 27, 2019)’s (person unable to engage in lifelong labor due to the performance of daily activities, walking, and labor disorder due to the left-hand disorder due to the brain flady on the left-hand side. 2) the result of the examination by the Integrated Review Committee of the Seoul Southern Vice-Governor (i.e., January 20, 2019): 1 (i) the examiner’s opinion of the Integrated Review Committee of the Seoul Southern Vice-Governor (i.e., e., e., g., a person who is unable to engage in emotional labor:

As a result, advice 2 (In-depth 2) : A person who is unable to have the function of his or her disorder on the left-hand side due to brain damage except for the one which is easy to have a trouble on the function of his or her chronic system. The advice 3 (In-depth 3-4) : A person who has difficulties in walking and daily life due to brain damage in the left-hand side due to paralysis (class 3-4) so that he or she is unable to have a trouble on the function of his or her chronic system except for the one which is easy to have a trouble.

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