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(영문) 서울행정법원 2014.11.06 2013구단10246
장해등급결정처분취소
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;

A. On December 2, 2011, the Plaintiff suffered an accident during work at the workplace, and thereby, the Plaintiff suffered injury, such as “non-alley, non-spath open space, brain spathy, post-spathy, fall, and spathy to the right spath,” etc.

B. The Plaintiff received medical care approval from the Defendant from the Defendant for an occupational accident, and received medical care until January 23, 2013.

C. On January 31, 2013, the Plaintiff filed a claim for disability benefits with the Defendant. On February 8, 2013, the Defendant rendered a disposition to determine the final disability grade as Class 12 (hereinafter “the instant disposition”). On the ground that the Plaintiff’s loss of nose, the Defendant deemed the Plaintiff’s loss of nose, and thus, did not fall under the disability grade as Class 7 (a person who was unable to take smells) and Class 12 (a person who was unable to take a smells) on a bridge, and (b) did not fall under the disability grade as 115 (a person who was capable of taking a part in the right snick, but has always reached the right snick, deeming that there was a part of the bridge,

The Plaintiff filed a request for review against the instant disposition, but the said claim was dismissed on or around May 3, 2013.

[Reasons for Recognition] Facts without dispute, Gap 1, 5 evidence, Eul 1-1, Eul 3 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The scope of exerciseable area by the Plaintiff’s assertion is not more than 100 degrees.

It is necessary to measure the exerciseable area by the passive movement is not caused by the diameter, e.g., shock or fall, etc., but for example, it is necessary only when it is thought that the noise was bomb, and it is necessary to consider that it was bomb (in the case of injury caused by the accident, such as the plaintiff, it is necessary to measure the exerciseable area by the bomb movement.

Therefore, the final disability grade falls under class 10 of class 12 when measuring the physical area of the right slot by the ridge movement, and the disability grade related to the bridge constitutes class 10.

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