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(영문) 서울행정법원 2016.03.11 2015구단50774
장해등급결정처분취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On June 26, 2012, A filed a claim for disability benefits to the Defendant after receiving medical care until September 30, 2014, with respect to “the upper pelle, left pelle pelle pelle, left pelle pelle pelle pelle, pelle 1, pelle 1, two pelle pelle pelle pelle, alero, alerosp, calerosp, alerosp, erosp, the left pelle erosp, the left pelle pelle erosp, and damage to the floor of the left side” caused by an occupational accident occurred at the site of the new construction of Seoul D Multi-Family Housing.

B. On October 30, 2014, the Defendant calculated the disability grade of a bridge on the left-hand side by deeming that (i) the disability in Section A on the left-hand side is an obstacle to the function of Section 10 of Class 12 (one part of Section 10 of Section 3 of the Chinese bridge) and (ii) the disability in Section 14 of Class 12 (one part of Section 14 of Part 12) is an obstacle to the left-hand side; and (iii) the disability grade of the bridge on the left-hand side is calculated by applying mutatis mutandis the disability grade of Grade 11; and (iv) the disability in Section 13 is calculated by calculating the disability in Section 12 of Grade 13 as the disability in Section 10 and based on this, the final disability grade A was determined as Grade 10.

(hereinafter “instant disposition”). C.

A A died on June 15, 2015 while the instant lawsuit was pending, and the Plaintiffs, the heir of the deceased, taken over the legal proceedings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the plaintiffs' opinions of the deceased's doctor's opinion, in the case of the deceased's left-hand bath, the exercise scope falls under class 7 of class 8, because the exercise scope is limited to 3/4 or more, and the disability grade falls under class 7 of class 8, and the disability grade falls under class 9, class 10 of class 9, class 0 of class 10, class 0 of class 0, class 0 of class 10 of class 10

In the case of the deceased, there is no doubt that the cause of the injury or disease is definite and serious, and it constitutes a permanent disability, and therefore, it is caused by a fluoral movement in examining the condition and degree of the disability of the deceased.

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