logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.01.21 2015구합21712
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 March 6, 2015, the Plaintiff filed an application for disability ratings with the Defendant on the following grounds: “On the ground that “On the construction site, the Plaintiff was unable to use almost the right shoulder part while performing the duty of installation, etc. of a safe and distress at the construction site.”

Type of disability: Medical doctor's opinion on March 2014: A diagnosis hospital that falls under class 3 or 4 of the upper function disorder in a state where he/she can move back to the right side of the patient due to damage to his/her gymosis, due to damage to the upper right side of the patient: C hospital (main hospital: D)

B. The Defendant, as an institution specialized in disability rating entrustment, requested the National Pension Service to examine the Plaintiff’s degree of disability, and received notification of the review details as follows, and issued a disposition to determine the degree of disability on March 17, 2015 (hereinafter “instant disposition”).

The functional disability in the criteria for disability ratings shall be limited to cases where a physical function disorder is caused by damage to the number of trees or the terminal boundary or due to a flag's illness, etc., and where the whole function of the arms or legs is hindered, and it shall be less than 3 of the class of the calendar (which remains to a certain degree, but shall not be functionally), and it shall not include a sense loss or a disability caused by pain.

As a result of the review of the certificate of disability and the data submitted, although it is written in the upper right shoulder and elbow joints of the medical record, the treatment process in the medical record area, the degree of neutic damage in the examination, and the radiation image data, etc. are not recognized in cases where there are paralysiss below 3 of the class of the function disorder and below the strength level corresponding to the class of the function disorder, and therefore, it is determined in addition to the class of the functional disorder.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 3, the whole pleadings.

arrow