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(영문) 서울행정법원 2017.07.27 2016구단20343
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 November 26, 2014, the Plaintiff filed a claim for disability benefits with the Defendant on the ground that the “satisfyed disease in the fluoral fladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladic ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladal ladals

B. With respect to the Plaintiff’s disability status, the Defendant first determined the Plaintiff’s disability grade as class 9 according to the Plaintiff’s opinion of “30 degrees of movement scope on the left side 30 degrees, 30 degrees of mid-to- left side 15 degrees, and 1c meters of disability that is not left-hand due to the reinforcement in the pipe,” but the Defendant determined the final disability grade as class 7 October 5, 2016 by taking into account the following factors: “The Industrial Accident Compensation Insurance Review Committee’s “Class 7 on the left side 7” (Class 12 subparag. 14), “The first disability of the left-hand side 1st part (Class 14), the first disability of the left-hand side 1st part (class 7), and the second disability of the reduction in the upper-hand bridge,” which falls under class 7 applicable mutatis mutandis.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 9, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. If the plaintiff's assertion results of the complex cause that the left-hand bridge reduction disability is not a single ground for the alleys of the government section, but the reduction disability and the functional disability are subject to adjustment. It is unfair that the Industrial Accident Compensation Insurance Reexamination Committee has determined the shortening disability of the left-hand bridge as a derivative disability and did not adjust it with class 7 applicable mutatis mutandis to the left-hand streak and the strict streaking disability, and the plaintiff's disability grade should be adjusted to class 7 of the above applicable mutatis mutandis and class 13 of the reduction disability. However, the plaintiff's disability grade should be adjusted to class 6.

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