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(영문) 서울행정법원 2014.02.13 2013구단3903
장해등급결정처분취소
Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on June 11, 2012 is revoked.

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

Reasons

1. Details of the disposition;

A. On May 26, 2011, the Plaintiff, as an employee, was suffering from an occupational accident, and was treated as an injury or disease, such as “a ductal aggregate on the left side,” and completed medical treatment on May 15, 2012.

B. The Plaintiff filed a claim for disability benefits with the Defendant, and on June 11, 2012, the Defendant determined that the exerciseable scope of the left-hand part of the table was a total of 70 degrees, and class 10 of class 12 of the disability grade (a person who remains an obstacle to the function of one section among the three sections of a single bridge) of class 12 of the disability grade.

(hereinafter “instant disposition”). C.

The Plaintiff was dissatisfied with the instant disposition and filed a request for review and reexamination, but all of which were dismissed.

[Reasons for Recognition] Unsatisfy, Gap 1, 2 (including serial number), Eul 1 and 2

2. Whether the instant disposition is lawful

A. Although the exercise scope of the Plaintiff’s left-hand title section 15 degrees or 40 degrees is a total of 15 degrees or 40 degrees, its disability grade falls under class 7 or at least class 14, the instant disposition based on a different premise is unlawful.

B. Article 57 of the Industrial Accident Compensation Insurance Act provides that disability benefits shall be paid to an employee according to the disability grade, and the disability grade thereof shall be determined by Presidential Decree. In [Attachment Table 6] of the Enforcement Decree of the same Act, “a person who has failed to properly meet one part of the three sections of a single bridge” falls under class 7 of class 8 and class 14 of class 10, and “a person who has a obvious obstacle to one part of the three sections of a single bridge” falls under class 7 of class 8, and Article 47 [Attachment Table 4] of the Enforcement Rule of the same Act’s Article 47 [Attachment Table 4] of the Enforcement Rule of the same Act’s Act’s average physical part of each part of a normal person’s body, he/she shall be able to exercise the normal part of “20 degrees, 40 degrees, 40 degrees, 20 degrees, and 30 degrees,” and Article 48 [Attachment 5] of the Enforcement Decree of the same Act’s disability grade.

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