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(영문) 서울행정법원 2018.07.26 2017구단33513
장해등급결정처분취소
Text

1. The Defendant’s disposition of class 12 class 9 of the disability grade against the Plaintiff on August 25, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On September 27, 2016, while serving at a new construction site as an employee, the Plaintiff closed medical treatment and treatment on the part of Defendant 37 17, with Defendant 2’s medical treatment on the following grounds: “In the open upper part of the upper upper part of the upper part of the upper part of the upper part of the upper part of the upper part, the left-hand part of the upper part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the body, the upper part of the upper part of the upper part of the upper part of the lower part of the body, the upper part of the upper part of the upper part of the upper part of the body, the upper part of the upper part of the upper part of the upper part of the body, the upper part of the upper part of the upper part of the upper part of the upper part of the body, the upper part of the upper part of the upper part of the upper part of the upper part of the upper part of the body, the upper part of the lower part of the body, and the upper part of the body.”

B. The Defendant rendered a determination of the Plaintiff’s disability grade under the Plaintiff’s ground that “The scope of movement in the left part: 50 degrees in the vicinity of 40 degrees in the middle part of 1, 50 degrees in the middle part of 2, 60 degrees in the center part of 60 degrees in the center part of 30 degrees in the center part of 50 degrees in the center part of 3, 60 degrees in the center part of 50 degrees in the center part of 3, 410 degrees in the left part: 410 degrees in the center part of 410 degrees in the upper part, 240 degrees in the left part: 240 degrees in the center part of 240 degrees in the center part of 1, 130 degrees in the center part of 1, 250 degrees in the center part of 40 degrees in the center part of 2, and 12 degrees in the left part of 12 degrees in the upper part of 40 degrees in the center part of 2.”

[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. The Plaintiff’s assertion was diagnosed by an occupational accident, such as damage to the mouth and schina, etc., and the condition of the disability exceeds the disability grade No. 12, even though the condition of the disability exceeds the disability grade, since it was completely unable to do so except for the daily life and easy labor at present.

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