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(영문) 서울행정법원 2015.11.06 2015구단5736
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 March 15, 2014, while working as a worker B, the Plaintiff was receiving an injury, such as “the structural frame of both sides bed and multi-scambing,” and received medical treatment from the Defendant by obtaining medical treatment approval, until February 28, 2015, when the Plaintiff was at the place of business of the Suwon-gun, Chungcheongnam-gun, Chungcheongnamyang-gun, for the purpose of terminating the scrap box loaded at around 09:0 on the same day.

B. On March 13, 2015, the Plaintiff filed a claim for disability benefits with the Defendant on March 13, 2015, and on April 7, 2015, the Defendant determined the Plaintiff as class 11 of the disability grade by adding up the above disabilities to class 12 subparag. 10 of the disability grade with respect to the technical disability of both sides, ① grade 12 subparag. 10 of the disability grade with respect to the technical disability of both sides, ② grade 12 subparag. 15 of the disability grade.

(hereinafter referred to as “instant disposition”). [The grounds for recognition] The fact that there is no dispute, each entry in Gap evidence Nos. 1 and 3 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. As of the plaintiff's assertion, since the plaintiff has a obvious obstacle to the function of the field of spawn on both sides, it should be recognized as class 14 of class 10 (for a person whose physical disability is not less than 1/2 of sections 1 of sections 3 of a single bridge: a person whose physical disability area is limited to not less than 1/2) of class 10 of each disability grade. Although the plaintiff is determined as class 9 of the disability grade by aggregating the genetic disability of this section and the left-hand spawn, the disposition of this case is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. (1) Medical opinion: (a) The dynamic movement range (MA method) of Plaintiff’s main body of the Plaintiff’s disease diagnosis and the opinion on delayed disability is 10 degrees, scale 25 degrees, inner 25 degrees, inner 5 degrees, external 5 degrees, and 45 degrees in total, and the dynamic movement range (MA method) of the right salute is 45 degrees.

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