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(영문) 서울행정법원 2015.11.13 2015구단1925
장해등급재판정결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff completed medical care on July 30, 2008 after receiving occupational accidents on February 19, 2008.

At the time, the plaintiff was determined as a disability grade 8-6 of the left-hand shoulder malfunction, and class 7-7 of the disability in the left-hand blue blue joint, 10-class 13 of the disability.

On June 7, 2010 to July 18, 2010, the Plaintiff re-medical care was provided for removal of internal metal fixtures.

On October 7, 2013, the Plaintiff received a special medical examination at the Indones University Seoul White Hospital for the purpose of disability judgment.

As a result of the above special medical examination, the left-hand shoulder was determined as class 6 of the disability grade, and the left-hand elb joints of the disability grade 8 and below the disability standard.

On December 16, 2013, the Defendant rendered a decision on disability re-determination with the Plaintiff’s final disability grade 8-6 based on the results of the above special medical examination.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1-4, Eul’s evidence No. 1 (including provisional number), the purport of the entire pleadings

2. Whether the disposition is lawful;

A. The exerciseable area of the Plaintiff’s left-hand elbow joints by the Plaintiff is not less than 1/4 but not more than 232.5 degrees from the ordinary exercise scope, and falls under class 12 or higher of the disability grade.

The instant disposition taken on a different premise is unlawful.

B. In light of the following facts, it is insufficient to recognize that the physical examination of Gap evidence No. 5-1 and No. 5-2, and this Court's Gangseo-hee University Hospital by itself is not sufficient to recognize that the exerciseable area of the plaintiff's left-hand can be restricted to not less than 1/4 from the normal exercise scope (310do) and not more than 232.5 degrees, and there is no other evidence to prove otherwise.

The instant disposition taken on the same premise is lawful.

① The Plaintiff’s left-hand parts elbow joints is not visible to the extent obvious on the examination (Article 3-1, 2, and the result of the above physical appraisal). ② On October 7, 2013, at the time of the above special examination, the Plaintiff was measured by the number of physical parts, -5 degrees, 90 degrees, 80 degrees, 80 degrees, 80 degrees, and 245 degrees in total, and the instant disposition is examined.

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