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(영문) 서울행정법원 2016.03.30 2015구단55069
장해등급결정처분취소청구
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 September 29, 2014, while working in Stex, the Plaintiff received medical care until March 31, 2015 with the Defendant’s medical care approval, after receiving “in the instant injury and disease” due to occupational accidents (hereinafter “in the instant case’s injury and disease”).

B. On March 31, 2015, the Plaintiff asserted that the left-hand hand and the left-hand hand part of the claim for disability benefits and filed an application for preventive management such as a merger certificate, etc. on April 27, 2015 with the Defendant. On April 27, 2015, the Defendant rendered a decision of preventive management, such as a merger certificate, etc. that the Plaintiff’s disability grade constitutes an object of preventive management by determining the Plaintiff’s disability grade as a disposition against the Plaintiff under class 10 subparag. 13 (a person who has a significant obstacle to the function of one of the three major sections of the single arms) (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 4, 5 evidence, Eul 2 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff’s disability caused by the instant injury and disease constitutes “a person who has failed to properly use five fingers of a single fingers (Class VII 7)” in a state in which the exerciseable area of five fingers of the left-hand fingers is limited by not less than 1/2 of them (Class VII 7), and a person who failed to properly use one pipe out of the three fingers of a single arms in a state in which the exerciseable area of the left-hand fingers is limited by not less than 3/4 of them (Class VIII 6).

Therefore, the plaintiff's final disability grade falls under class 6 applicable mutatis mutandis, and the defendant's disposition of this case based on a different premise is unlawful.

B. (1) Medical opinions, etc. (1) Part 1, Chapter 2, Chapter 4, Chapter 4, Chapter 5, Chapter 4, Chapter 4, Part 1, Part 3, Part 4, Part 4, Part 5, for the left-hand side of the doctor's opinion (won in charge of pre-faccined administration). The normal scope of the balance of the 60do 90Do 90,000.

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