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(영문) 서울행정법원 2019.02.20 2017구단69741
장해등급결정처분취소
Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on May 19, 2017 is revoked.

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

Reasons

1. Details of the disposition;

A. On September 13, 2013, the Plaintiff was an accident falling on a temporary passage of 4.5 meters above the ground while performing supervisory duties at the construction site located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul (hereinafter “instant accident”) and was diagnosed as the name of the injury and disease, “the third-party 3th Empic fever, Empathal Malier, Malisis, Mali-Malithal Malithal Malith, and Malithic Malith,” and was receiving medical care on November 15, 2016, and then filed a claim for disability benefits with the Defendant.

B. On May 19, 2017, after deliberation by the panel of advisory doctors, the Defendant: (a) on the Plaintiff, “(i) is a person who has undergone 1 to 4 fixed surgery due to the instant accident and is in the remainder of the functional disorder of her middle class 8 (Grade 10); and (b) is a person who has left part of her middle class 8 (Grade 12 16); and (c) the Plaintiff’s main disorder is class 10 applicable mutatis mutandis. (ii) In addition, the Plaintiff’s main disorder is a light protection part of the Do, which is always accompanied by her long-term disorder such as breast-do, and is still suffering from the chronic disorder of her chest long-term (Grade 11 9 stated in the written disposition No. 11-11, appears to be a clerical error; and (iii) the Plaintiff’s disability grade is deemed to be a person with a clear change in the control disorder (in case of her reproductive disorder due to her chronic contribution); and (iv) the Plaintiff’s disability grade 10 or more than 3(3).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 6, 7, 8, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is the main part of spine inverte. The plaintiff has a serious functional disorder in the middle of the Do and at the same time has a remaining vertebral frithm disorder in the extreme Do.

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