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(영문) 서울행정법원 2018.03.09 2017구단11247
장해급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

가. 원고는 2012. 12. 14. 건설현장에서 작업을 하던 중 못을 제거하다가 못이 튕겨지면서 왼쪽 눈에 맞는 재해(이하 ‘이 사건 재해’라 한다)를 입고 피고로부터 ‘좌안 각막열상’, ‘적응장애’에 대하여 요양을 승인받아 2014. 12. 31.까지 요양을 하였는데, 서울대학교병원에서 2012. 12. 15. ‘공막봉합술, 각막봉합술’을, 2013. 3. 6. ‘좌안수정체 초음파유합술, 인공수정체 삽입술, 유리체 절제술’을 받았다.

B. On January 18, 2016, the Defendant: (a) determined the disability grade as “grade 8” on the ground that: (b) 1 of Grade 8 (one eye or one eye’s eyesight is less than 0.02); and (c) 10 of Grade 14 (the remainder of the national part of the neological disorder) constitutes either class 1 of Grade 8 (one eye or one eye is less than 0.02).

C. On April 6, 2016, the Plaintiff filed an additional claim for disability benefits with respect to “grhumbane disability” while complaining of symptoms of internal sewage. Accordingly, on May 13, 2016, the Defendant rendered a decision on site pay (hereinafter “instant disposition”) on the ground that “numbine sewage claimed by the Plaintiff cannot be found to have proximate causal relation with the instant disaster.”

Therefore, although the plaintiff filed a request for examination and review, all of them were dismissed.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 4, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that there was a serious symptoms of internal sewage since the plaintiff received artificial insemination in the form of each of the instant disasters, and thus, there is a proximate causal relation between the instant disaster and the internal sewage. However, the defendant's disposition of this case on a different premise is unlawful.

B. According to the reasoning of the judgment, Gap evidence Nos. 3, 8, and 17, and the result of the request for the examination of medical records for the director of the Ansan Hospital at the Korea National University.

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