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(영문) 서울행정법원 2021.03.31 2020구단57472
장해등급결정처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On December 14, 2017, the Plaintiff, as an employee of the Plaintiff Company B, installed a temporary soundproof wall to move around 14:20 on December 14, 2017, and removed part of the fixed support cost after the fair support to the lower part, and went against soundproof walls to lose the balance of the body and to extinguish the balance of the body (hereinafter “the instant accident”). However, the Plaintiff was subject to an accident due to a mistake in arrival (hereinafter “instant accident”).

The Plaintiff received medical care approval from the Defendant on August 31, 2018, with respect to “the brain spawnosis, Y3 (L3), the head head head spath (closed), and spawn (T12).”

B. On October 30, 2018, the Plaintiff filed a claim for disability benefits with the Defendant, and on December 21, 2018, the Defendant rendered a decision with respect to the Plaintiff on the ground that “on December 21, 2018, the Plaintiff fell under class 11 of Grade 14 (Class 11 of Grade 14), the two copies, and the sacrifties are remaining, and the Defendant fell under the category of “the person whose sacrifties of the 12 chest pressure rate is 25.4%” (hereinafter “the instant disposition”).

(c)

The Plaintiff was dissatisfied with the instant disposition and filed a request for examination with the Defendant, but was dismissed, and the Committee filed a request for reexamination with the Review Committee of Industrial Accident Compensation Insurance, but was dismissed on December 26, 2019.

【Fact-finding without a dispute over the basis of recognition, Gap evidence of Nos. 1 through 4, Eul evidence of Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant disposition did not properly reflect the actual pressure rate on the pressure table for the pressure table for the 3rd degree of the instant accident. According to CG MI video, etc., the Plaintiff’s pressure rate for the 3rd phase of the instant case is from 10% to less than 20%, and the Plaintiff’s pressure rate for the 3rd phase of the instant case constitutes “persons with a disability with the alteration of the 3rd phase of the GG,” which constitutes class No. 13 subparag. 12 of the disability grade. On the premise of this, the instant disability rating

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