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(영문) 서울행정법원 2015.10.08 2015구단458
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of recognition and disposition;

A. The Plaintiff was diagnosed as waste cancer due to occupational accidents while working as a waterproof pest in the Maung General Construction Co., Ltd., and was approved by the Defendant for medical care for the above injury and disease.

B. On November 17, 2004 through August 31, 2013, the Plaintiff filed a claim for disability benefits with the Defendant on November 25, 2013, after completing medical care during the period from November 17 to August 31, 2013. The Defendant deemed that “a person who has any labor ability to a certain degree, but is likely to impede labor due to a chest organ disability,” and rendered a disposition to determine the Plaintiff’s disability grade as Class 11 (hereinafter “instant first disposition”).

C. Accordingly, the Plaintiff filed a lawsuit seeking revocation of the initial disposition of the instant case with the Seoul Administrative Court (2014Gudan154, hereinafter “instant prior lawsuit”), and the gist of the result of the entrustment of the examination of medical records with respect to the head of B Hospital who was in progress in the instant prior lawsuit is as follows.

As a result of the examination conducted by B on March 5, 2014, the meaning of the items of the examination results shows a certain ratio of fVC waste to normal values as a result of the examination conducted by B on March 5, 2014, 2.51 liter 3.3.38 4% 74% Efforts 1 early Efforts 1.76 liter 2.76 liter 65% 70% FEV1/FC 20% liter 70% - 79% - expansion of 79% - 1.89 2 72 liter 70% - 70% - 6% 4% 40% - from the examination results of the examination results conducted by Seoul National University Hospital, it is difficult for the public prosecutor to prove that there is a difference of 156% 40% -6% -6% 4% - from the examination results of the examination by Seoul National University Hospital.

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