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(영문) 서울행정법원 2015.01.14 2014구단4347
장해급여부지급결정처분취소
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. The Plaintiff, while serving as the 1st World War Veterans Agency Factory B, was diagnosed on October 18, 2002 as “the pressure for the first and second pressures (hereinafter “instant injury and disease”)” due to an accident in the course of performing official duties, and was under medical care for official duties.

B. On November 2013, the Plaintiff asserted that the Defendant had been disabled due to the instant injury, and claimed disability benefits. However, on December 2, 2013, the Defendant rendered a decision on the site level on the ground that the Plaintiff’s disability does not fall under the disability grade prescribed under the Public Officials Pension Act, and that the Plaintiff’s disability does not fall under the disability grade prescribed under the Public Officials Pension Act

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, A 1-1, 2, 4-2

2. Whether the instant disposition is lawful

A. The Plaintiff’s disability status due to the Plaintiff’s assertion on the instant injury constitutes “the remainder of vertebrate in spine” under Article 45(1) [Attachment 3] of the Enforcement Decree of the Public Officials Pension Act, and thus, the instant disposition based on a different premise is unlawful.

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

C. (1) Medical opinions (1) The scope of movementable on the part of the Plaintiff’s doctor’s opinions on the disability diagnosis report (on November 19, 2013, 30 degrees 90 degrees ever), 25 degrees ever before the right-hand turn ( normal 30 degrees ever), 30 degrees ever before the right-hand turn ( normal 30 degrees ever 30 degrees ever), 26% pressure rate of 21% at the second summary pressure rate 21% (2.2) as a result of the request for the appraisal of medical records to the head of a countervailing hospital (vert center) by the MRI’s opinion on the part of the Plaintiff’s doctor’s opinion on the part of the Plaintiff’s doctor’s opinion, and it is determined that there is no obvious alteration or loss as a result of the said appraisal of medical records. [Grounds for recognition]

D. The phrase “persons who have remaining in spine” in Article 45(1) [Attachment 3] [Attachment 11 subparag. 7 of the Enforcement Decree of the Public Officials Pension Act refers to those who have remaining in spine” refers to the location of clothes, such as 'explosion or dynassis, etc., of minor dynasium or dynassis, due to the pressure pressure of spine on

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