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(영문) 서울행정법원 2019.06.12 2018구단67681
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 September 3, 2013, the Plaintiff was at the construction site of the Youngdong Highway located in Suwon-gu, Suwon-si, and was faced with an accident falling on the axis from among the construction works of ready-mixed on the axis. The Plaintiff was given medical treatment until January 31, 2015 with the Defendant’s approval for medical treatment as to the “conscepting of an openness and alley, the right-side section, the right-side section, and the right-side frame” generated from the said accident.

B. On February 10, 2015, after the completion of medical care by the Plaintiff, the Defendant determined the disability grade No. 8 No. 7 as to the left-hand spons, and determined the final disability grade No. 7 after adjustment with the disability grade higher than the existing left-hand spons (Grade 10).

C. After that, the Plaintiff was subject to a re-determination of a disability grade, and the Defendant issued a disposition to re-determine the disability grade of the Plaintiff’s left-hand title as class 14 on June 23, 2017 (hereinafter “instant disposition”) on the ground that the Plaintiff’s exercise scope falls under 50 degrees in total (the normal range 110 degrees) according to the review report by the Seoul Regional Headquarters.

The Plaintiff dissatisfied with the instant disposition and filed a request for reexamination on December 22, 2017, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s request for reexamination on March 22, 2018.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5, entry of Eul evidence 1 and 2 (including each number, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. According to the result of the special medical examination of the Plaintiff’s assertion, the scope of the Plaintiff’s movement on the left-hand side falls under class 7 of class 8 of the disability grade at zero.

Nevertheless, this case’s disposition that judged a disability grade based on the result of measurement by the Seoul Regional Headquarters’s Integrated Review Committee and the medical opinion that the Defendant cannot trust is unlawful.

(b) the attached Form of the relevant statute;

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