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(영문) 서울행정법원 2018.06.14 2017구단68946
장해등급결정처분취소
Text

1. The Defendant’s disposition of determining a disability grade that the Plaintiff rendered on May 18, 2017 is revoked.

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

Reasons

1. Details of the disposition;

A. On October 22, 2015, the Plaintiff was at the construction site of electric power plant and was faced with an accident that knife the knife in the steel nearby the steel, and was affected by the accident, and the Plaintiff claimed disability benefits to the Defendant after receiving medical care approval from the Defendant with respect to the “hiffic disease No. 5” caused by the accident (i.e., damage to external sexual resistance, damage to the workplace, damage to the workplace, damage to the workplace, pressure frame No. 5-astronomical wave No. 1, e.b. 2, and e.b. 5).

B. On May 18, 2017, the Defendant: (a) decided on May 18, 2017 as disability grade 10 applicable mutatis mutandis to the Plaintiff; (b) in the case of the development disorder, it falls under “the remaining persons of Gyeong-do’s functional disorder and the remaining persons of vertebral ebalutism in the development region; and (c) in the case of a plepy disability, it constitutes “the remaining persons of plehal disorder in chest long-term,” and accordingly, the Plaintiff’s final disability grade adjusted was determined as disability grade 9 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the case of the plaintiff's assertional injury, as long as the "person who has left a high level of functional disorder in the heading," or "a person who has left a serious functional disorder in the heading-in, middle-in, middle-in, or extreme transformation disorder and at the same time, has a minor functional disorder in the heading-in, and a person who has left a high level of spinal disorder in the heading-in, at the same time," or "a person who has left a high degree of spinal disorder in the heading-in, and who has left a high degree of spinal disorder in the heading-in," as prescribed in subparagraph 17 of Grade 9 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (Attached Table 6) of the "Standards for Disability Grade 6", the plaintiff's final disability grade adjusted is at least the same.

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