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(영문) 광주지방법원 2019.03.14 2018구단657
장애등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On May 18, 2016, the Plaintiff was judged as having a 6th degree of disability to the right upper corner on the right upper corner, and subsequently, on September 7, 2016, the Plaintiff saw a heavy percentage at the restaurant.

On March 8, 2017, the defendant applied for a disability grade examination without delay to the defendant, while having re-entered the arms with disabilities.

B. As a result of the examination of relevant data, such as a disability diagnosis report and medical record book submitted on April 12, 2017 in accordance with the disability grade criteria, the Defendant decided that the Plaintiff’s class falls under class 4 of disability according to the results of the National Pension Service’s examination that the scope of movement in the elbow joint is not recognized to be reduced by at least 50% in consideration of the scope of movement in the elbow joints, X-ray joints, and the state of diameter, etc., in a state where movement is restricted to the right to the upper part due to the labing of the upper part of the bar, but the scope of movement in the elbow joints was reduced by at least 75% in the el joints, and thus, the Plaintiff’s class falls under class 4 of disability

(hereinafter referred to as “instant disposition”). C.

In response, the Plaintiff filed an objection on April 26, 2017. However, the Defendant examined and examined the data submitted and additional data submitted on May 29, 2017, and determined that the Plaintiff’s grade falls under class 4 of disability as a result of the review by the National Pension Service, considering that the scope of the movement of the right shoulder is reduced to 88% on the right shoulder in the statement of opinion, the diameter of the right shoulder and the elbbow joints on the records of medical treatment, and the progress of treatment, etc., the scope of the movement of the right shoulder joints is not recognized to be reduced to more than 50%, but the exercise scope of the right shoulder joints decreased to more than 75% on the right shoulder joints, as a result of the review by the National Pension Service.

The plaintiff filed an administrative appeal with the Gwangju Metropolitan City Administrative Appeals Commission, but Gwangju Metropolitan City Administrative Appeals Commission rendered a ruling of dismissal on December 19, 2017.

[Reasons for Recognition] A.

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