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(영문) 서울행정법원 2017.07.13 2016구단63364
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 May 14, 2004, the Plaintiff was involved in an accident where the pipe was cut off on a pipe while working at a new construction site, and the body was cut and the pipe was cut down on the bottom pipe material. (hereinafter “instant accident”).

B. The Plaintiff was diagnosed as follows: “In the instant accident, the frame and sloping of the right pelle, the upper right pelle, the upper right pelle, the upper right pelle, and the half-yearly pelle inside and outside of the right spelle,” and received medical care approval from the Defendant until July 31, 2005, and was judged as disability grade No. 12 subparag. 7 on the right pelle.

C. Afterward administrative litigation (Seoul Administrative Court Decision 2013Gudan22768, Seoul High Court 201Nu3496, Supreme Court Decision 2012Du7837), the Plaintiff re-medical care was granted from the additional injury and injury to the "Gradical disease No. 5, No. 3-4-5 conicals, No. 5-330, No. 1,000, No. 5-60, No. 5-6, No. 1,000, and No. 5-6, No. 20144, Apr. 23, 2008) with additional injury and injury.

On the other hand, on March 9, 2003, prior to the occurrence of the instant accident, the Plaintiff received a decision of class 12-16, which is a person who has remaining after medical care until April 30, 2004 due to the occupational accident of this case, as to the vertebal disability(s) of the Gonju as a person with the remaining disability of the Gonju.

On July 24, 2015, the Plaintiff filed an application for disability benefits with the Defendant. On September 1, 2015, the Defendant rendered a decision with respect to the Plaintiff on the following: (a) on the following: “In case of spine, vertebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate (Class 7) and ebrate ebrate ebrate ebrate ebrate ebrate 16), and the Plaintiff’s final disability grade is class 9.

E. The Plaintiff is dissatisfied with the disposition of September 1, 2015 and filed a lawsuit seeking revocation of the said disposition under the Seoul Administrative Court Decision 2015Gudan62562, but on September 1, 2016.

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