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(영문) 서울행정법원 2016.09.23 2015구단7541
장해등급결정처분취소
Text

1. The Defendant’s disposition of disability grade against the Plaintiff on May 29, 2015 is revoked.

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

Reasons

1. Details of the disposition;

A. On October 17, 2014, the Plaintiff suffered from a disaster that was cut off by the second, third, fourth, fourth loss of the left part (hereinafter “the disaster in this case”) in the course of a wooden project at the site of Bururine construction, the Plaintiff requested the Defendant to receive approval of the Defendant from 5.4 of the 2nd east of the 5th east of the 5th east of the 1st east of the 2nd 2nd 3rd 2nd 2nd 4th 4th 4th 4th 5th 4th 7th 5th 5th 4th 4th 5th 4th 4th 5th 4th 4th 5th 4th 4th 5th 4th 5th 4th 4th 4th 5th 4th 5th 4th 5th 4th 5th 4th 4th 5th 4th 5th 4th 5th 4th 5th 4th 4th 5th 4th 4th 4th 4th 4.

B. On May 29, 2015, the Defendant determined that the Plaintiff’s disability grade No. 14 subparag. 10 of the disability grade on the ground that the Plaintiff’s failure to perform the function of controlling fingers on the left part falls short of the disability grade but falls under a person who remains after the netrophism on the water part.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff asserted that the physical area of 2, 3, and 4 pages were limited by not less than 1/2 of the normal range after the medical treatment due to the disaster in this case. Such a disability constitutes class 4 of disability grade 8 (a person who has failed to properly use 3 or more fingers, including a single finger and second fingers, or a person who has failed to properly use 3 or more fingers, including a serious finger or second fingers).

Therefore, the defendant's disposition of this case on a different premise is unlawful.

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

(c) medical opinion (1) doctor's opinion (Cuncinology).

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