logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.01.08 2013구단51711
장애등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 30, 201, the Plaintiff was diagnosed as having been on the left-hand hand of the 4th century due to the accident that caused the damage on the left-hand hand in the waste self-harm in the village of Suwon-gu, Suwon-si, Suwon-si among the environmental improvement works for the Suwon-si, Suwon-si, Suwon-si, Suwon-si, which was the current residents of the Republic of Korea, and the medical care was completed by January 17, 2013 with the approval of an additional injury and disease in the “Class 1 of the 4th degree of damage caused by the 4th degree of damage caused by the 5th unit.” The Defendant determined that the Plaintiff’s disability grade on January 31, 2013 falls under Class 12 subparag. 15 (hereinafter “instant disposition”) did not conflict between the parties, or recognized by the evidence No. A. 1.

2. Whether the disposition is lawful;

A. The Plaintiff’s degree of impairment on the left-hand hand of the Plaintiff’s assertion falls under class 8 or higher, or class 9 or higher, where the remaining labor service is limited to a considerable degree, and thus, the instant disposition that erroneously applied the disability grade standard is unlawful.

(b) as shown in the attached Form of the relevant statutes.

C. Prior to the facts of recognition, the following facts are acknowledged as medical opinions on the Plaintiff’s disability status, if the results of the physical examination on Gap’s evidence Nos. 2, 3, and Eul’s evidence and the results of the physical examination on the head of the Gangseo-hee University Hospital in this Court are added

(1) In the Gan National University Hospital, the Plaintiff’s principal director, determined that the scope of exercise on the left-hand side of the Plaintiff’s 3,4, and 5 balance of each of the 80 degrees, 70 degrees, and 70 degrees, respectively, was accompanied by a certificate of constant and intermittent preparation, and that there was a fall in partial sense.

(2) The Defendant’s initial determination body’s opinion is that the lower court’s opinion did not meet the disability grade criteria within the scope of movementable range of the second, fourth, and fifth balance of the left-hand balance, and that the lower court’s final determination body’s opinion remains as a result of the remainder of the fourth balance of the left-hand balance.

(3) On the other hand, the Plaintiff filed an administrative litigation against the Defendant’s determination of disability grade prior to the instant disposition, and filed it with the Seoul Administrative Court.

arrow