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(영문) 서울행정법원 2018.06.22 2017구단79618
장해등급결정처분취소
Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on October 27, 2017 is revoked.

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

Reasons

1. Details of the disposition;

A. On April 21, 2016, the Plaintiff received medical care until September 30, 2017, with the Defendant’s approval with respect to the Plaintiff’s loss of light and non-alley executives who suffered from occupational accidents, annual organization loss not on the right side, damage to multi-cognism not on the right right side, and damage to the right-hand balves.

B. On October 12, 2017, the Plaintiff, after completing medical care, has a physical disability in the right development and the spouting of trees, filed a claim for disability benefits with the Defendant on October 12, 2017. On October 27, 2017, the Defendant issued a disposition that the Plaintiff’s disability grade constitutes class 10 applicable mutatis mutandis (hereinafter “instant disposition”).

The right fall: Class 10 of Class 11 (the person whose physical area of Class 10 of Class 11 is limited to at least 1/2 of the physical area of Class 12 (the person whose area is limited to at least 1/2 of the external area of Class 11 and is not properly used for at least 2 of the outer area, including the strict salption): Subparagraph 10 (the person whose physical area is 60 or above the three sections of one bridge which hinder the function of one bridge) shall apply mutatis mutandis mutatis mutandis: The fact that there is no dispute over the ground for recognition (the determination of the grade applicable mutatis mutandis (the function of a bridge that obstructs the function of a bridge) by the method of adjustment). The fact that Party 1, 2, and 3, evidence No. 1, and the purport of the whole pleadings and the purport of arguments as a whole.

2. Whether the instant disposition is lawful

A. The disability grade of the Plaintiff’s right development of the Plaintiff’s assertion falls under class 13 of class 9 (a person who has failed to use all of his/her own initiatives) and class 7 of class 8 (a person who has failed to use one section among the three sections of a single bridge).

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. (1) Determination 1) Article 47(2) main text and Article 47(3) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act provides that the degree of physical function disorder shall be determined by the Corporation from among the methods of measuring AMA (AMA Masciscisia).

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