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(영문) 서울행정법원 2021.01.28 2019구단65422
장해등급결정처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 22, 2016, the Plaintiff was in conflict with the vehicle during the course of performing delivery services (hereinafter “instant accident”). On account of the instant accident, the Plaintiff was under medical care for the injury of “a suddenly acute surgery, fluoral he/she, fresh, cerebral he/shes, fresh, fresh, the left-hand side of the voice, cresh, emulhion, chresh, and chresh mental disorder,” and received approval for medical care until December 29, 2017.

B. On June 5, 2018, the Plaintiff filed a claim for disability benefits with the Defendant, and on July 27, 2018, the Defendant rendered a decision against the Plaintiff that the Plaintiff constitutes class 15 of class 12 (the remaining persons of class 15 of class 12) (hereinafter “instant disposition”).

(c)

On November 14, 2018, the Defendant dismissed the Plaintiff’s request for review based on the result of deliberation by the Industrial Accident Compensation Insurance Review Committee as follows. The Plaintiff’s request for review by the Industrial Accident Compensation Insurance Review Committee was also dismissed on May 14, 2019.

According to the brain MI's opinion implemented on July 2018, the opinion of injury to the crypology that could be peculiar to brain substance is not observed. After an accident, there are symptoms such as cognitive function, memory reduction, hair reduction, fym, uneasiness, depression, and depression, or there is no obvious symptoms of physical paralysis, and the Plaintiff's disability status falls under "a person who remains with severe psychotropic symptoms" in accordance with the grade recognition criteria, such as industrial accident compensation insurance, etc.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 5, 7, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion can not lead a daily life without taking drugs due to symptoms, such as recognition function, memory reduction, hair, scarcity, uneasiness, and depression, even after the medical treatment is closed, and the intelligence index is merely 68, and the social system function or mental function.

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