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(영문) 서울행정법원 2016.05.13 2014구단2037
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 February 7, 2009, the Plaintiff was diagnosed as “the brain salutism, salutism, salutism, salutism, salutic mental disorder, salkinson’s salutism,” and received medical care under the Defendant’s medical care approval, and filed a claim for compensation for disability on October 1, 2013.

B. On November 6, 2013, the Defendant decided the Plaintiff’s disability grade No. 3 (a person who is not able to engage in labor services for the remaining life due to considerable impediment in the function or mental function of the neurosis).

[Ground of recognition] Facts without dispute, Gap 1, Eul 1, Eul 2 (including virtual number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion is in a situation where it is impossible for the plaintiff to lead a daily life due to the ability of the person without other's help. Thus, the plaintiff's disability status constitutes class 3 (a person who needs to always attend nursing due to considerable impediments to the function or mental function of the neurosis) or class 5 of class 2 (a person who needs to receive constant nursing care from time to time due to considerable impediments to the function or mental function of the neurosis).

Therefore, the instant disposition is unlawful as it did not accurately reflect the Plaintiff’s disability condition.

(b) Article 53 (Standards, etc. for Disability Grades) (1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (Standards for disability grades under Article 57 (2) of the Act shall be as set forth in attached Table

In such cases, detailed standards for determining disability grades by physical parts shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[Attachment 6] A person who has a significant obstacle to the function or mental function of the neurosis No. 3 of grade 1 (related to paragraph 1 of Article 53) and is always in need of nursing at any time due to a serious obstacle to the function or mental function of the neurosis No. 5 of grade 2 (related to paragraph 1 of Article 53) and who is not able to receive constant nursing due to a serious obstacle to the function or mental function of the neurosis No. 3 and No. 8 of grade 3 (related to paragraph 1 of Article 53).

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