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(영문) 서울행정법원 2015.07.31 2014구단56768
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 October 18, 2013, the Plaintiff was an employee of the Young Port Operation Team of Han-jin Co., Ltd., Ltd., for occupational accidents where the Plaintiff, who was taking part in the maintenance work of the car for the purpose of maintaining the car during the process of connecting the parts of the R/S 301 strings and chain 301 on October 18, 2013, by moving the strings and moving the strings, was faced with the Plaintiff’s right arms, and the Plaintiff suffered from the occupational accidents where the strings and strings of the Plaintiff’s right arms, and thereafter, the Plaintiff received medical care from the Defendant for the “the 3-5 strings and ndings down on the right side, bending, bending, bending, bending, and down to 2014. 5 1. 51. 5. 2014.

B. On May 31, 2014, the Plaintiff completed medical care and filed a claim for disability benefits to the Defendant on June 9, 2014. However, on July 4, 2014, the Defendant adjusted the Plaintiff’s right-hand hand impairment (Class 12 Subparag. 9 of the disability grade) and the second right-hand hand disability (Class 11 Subparag. 9 of the disability grade) to determine the Plaintiff’s disability grade as Class 10 (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3-1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion ① Since the impairment of the right hand part of the Plaintiff’s right hand part is limited to at least 1/2 of the average exerciseable area of the normal person, it constitutes a person who has failed to properly use one part of the three parts of the third part of the arms (class 8 subparagraph 6) or a person who has a significant obstacle to the function of one part of the three parts of the arms (class 10 subparagraph 13), and the impairment of the right hand hand part of the whole 5 parts of the hand hand hand hand is limited to at least 1/2 of the average exerciseable area of the normal person.

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