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(영문) 서울행정법원 2016.03.30 2013구단22157
장해등급재결정처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff obtained the first medical care approval from the Defendant on March 21, 2005 due to an occupational accident, which was used at the office around 23:00 on September 4, 2003 as a worker belonging to B (C) for the first time. On August 26, 2005, the Plaintiff obtained the approval of the medical care for an additional injury and injury, and completed the medical care on March 31, 2007 after obtaining the approval of the re-treatment.

B. The Plaintiff filed a claim for disability benefits to the Defendant after the completion of treatment with the first medical treatment approval, and the Defendant determined as follows: (a) on August 8, 2005, by referring to the Plaintiff’s opinion of the doctor of the relevant hospital East-gu Hospital Hospital Hospital, the Plaintiff’s main body of the Plaintiff, i.e., “at any time, nursing care workers need to be engaged in daily life with the degree of increase of the number of nursing services, depending on the wheel wheel at any time” (Article 2 subparag. 5). Accordingly, the Plaintiff received disability pension and nursing benefits.

C. After that, the Defendant, on September 24, 2013, re-determined the Plaintiff on August 24, 201 to “a person who is unable to engage in labor for life due to the obvious defect in the determination of the disability grade even though the Plaintiff was able to walk and live in daily life with his own ability at the time of determining the disability grade,” and the disability grade from September 1, 2005, applied from October 1, 2013, to “a person who is unable to engage in labor for life due to the obvious defect in the function or mental function of the psychosis (Article 3 subparag. 3),” and “a person whose disability grade applied from September 1, 2005 to Grade 7 subparag. 4, 205 to Grade 25, 37, 47, and 57 subparag. 7, 205 to Grade 37, 47, and 57 subparag. 7, 2013 among the disability pension (Grade 7 subparag. 4),”

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