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(영문) 서울고등법원 2016.11.17 2015누30601
장해등급결정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On December 6, 2012, the Plaintiff, a daily employed worker, was under construction, and was under medical care until July 25, 2013 upon the Defendant’s approval of the medical care on the “stoke, stoke, stoke, stoke, s to the right stoke, and s to the right s to the right s to the right s to the right s to the upper part.”

B. On August 7, 2013, the Plaintiff filed a claim with the Defendant for disability benefits on the left-hand sludge, and on August 14, 2013, the Defendant determined the Plaintiff’s disability grade as Class 10 (the remainder of the negotisis) of Class 14.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap 1 through 6, Gap 9, and 10 evidence, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the plaintiff's assertion 1 of disability grade No. 12 can be recognized only when objective inspection results, such as medical clinical symptoms and peripheral tests, coincide with each other. The plaintiff asserts that it is reasonable to determine the disability grade No. 14th 15, because the plaintiff's proof is serious above the left-hand slot, and there are many cases until now, and the plaintiff's opinion was presented to complete dynamics above the left-hand slots. The plaintiff's opinion also shows that the plaintiff's opinion constitutes class No. 15 of disability grade No. 12. 2. In this regard, only subjective pains are appealed to the plaintiff, and there is no objective inspection opinion as to the nego No. 14th 10, since there is no objective inspection opinion.

(b)as shown in the attached Form of the relevant statutes;

C. Recognizing the facts of recognition (medical opinion) 1 - the Plaintiff’s note 1 - the Plaintiff’s left skes of the Plaintiff’s left skes caused by a disaster on December 6, 2012, the Plaintiff’s implementation of a skes and skes on the Plaintiff’s left skes, and the Plaintiff’s implementation of a skes and skes on the left skes.

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