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(영문) 서울행정법원 2018.12.21 2018구단6839
장해등급결정처분취소
Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on March 19, 2018 shall be revoked.

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

Reasons

1. Details of the disposition;

A. On May 2, 2017, the Plaintiff received medical care until February 3, 2018 with the Defendant’s approval in relation to the upper branches of the back-of-the-hand hand-hand hand-hand hand-hand hand-hand hand-on, the lower court’s medical treatment for the medical treatment until February 3, 2018.

B. The plaintiff is the above A.

After completing medical treatment as described in paragraph (1), the left-hand finger and fourth fingers suffered disability, and the defendant claimed disability benefits to the defendant. On March 19, 2018, the defendant decided that the plaintiff's disability grade falls under class 14 as follows.

(hereinafter referred to as “instant disposition”). The substance of the physical skill disorder shall be as follows: Class 6 (A 2 balance sheet was cut by at least 1/2, and one grandchild's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's 65 degrees, 2 balance sheet 10 degrees, 10 degrees, 2 balance sheet son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.)

2. Whether the instant disposition is lawful

A. According to the main text of Article 47(2) and Article 47(3) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act, the degree of physical disability is determined by comparing the physical disability of the pertinent worker measured by the method determined by the Corporation among the methods of measurement of EMA (AMA) type with the average physical disability of the pertinent worker measured by the Corporation. However, where it is clear that the cause of physical disability, such as lectures, construction, and gal damage, is obvious, the method of measurement by the active exercise, and where the cause of physical disability is unclear, the method of measurement by the passive exercise is determined by the method of measurement.

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