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Reasons
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(영문) 서울행정법원 2017.12.13 2016구단58164
장해등급결정처분취소
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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 April 1, 201, while working as a caregiver, the Plaintiff was involved in an accident where the instant net taxi engineer, who intends to sit a disabled person on the seat next to the call taxi, was diagnosed on the Plaintiff’s left hand at the opening of the door. The said accident was diagnosed as “the first type No. 1, No. 2, 3, and No. 4 of the Multilateral Madic Madern, the left-hand side, and the adaptation disorder”, and the medical care was approved until August 25, 2015, and claimed disability benefits to the Defendant.

B. On October 13, 2015, the Defendant decided the disability grade as class 12 No. 15 (hereinafter “instant disposition”) with respect to the Plaintiff, according to the opinion that “the Plaintiff’s “the Plaintiff’s multi-complication No. 1 type is remaining in the national department” (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the request for examination, but was dismissed, and the request for reexamination was dismissed on March 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 9, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion falls under a higher disability grade than that of class 12, while the Plaintiff is extremely severe in the complex Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. In full view of the following facts and circumstances, it is not sufficient to acknowledge that the Plaintiff’s evidence alone constitutes a higher disability grade than that of class 12 due to multiple pains, and there is no other evidence to prove otherwise. In full view of the following facts and circumstances, the Plaintiff’s evidence alone is insufficient to acknowledge that the Plaintiff constitutes a higher disability grade than that of class 12 due to multiple pains, and there is no other evidence to prove otherwise.

(1) The Complex M&S(CRPS) is relatively recent.

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