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(영문) 서울행정법원 2018.07.19 2017구단74699
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 July 29, 2014, the Plaintiff: (a) obtained medical care approval from the Defendant; (b) filed a claim for disability benefits with the Defendant, after the medical treatment was closed; and (c) filed a claim for disability benefits on the part of the Defendant, due to the traffic accident that occurred while getting on and off the vans provided by a human resources presentation company to move to a construction site constructed by B company (hereinafter “instant accident”).

B. On August 28, 2017, the Defendant rendered a determination of class 15 of the disability grade (hereinafter “instant disposition”) to the Plaintiff, on the ground that the Plaintiff constitutes “persons whose labor service remains limited to a considerable degree of harm to the function or mental function of the neurosis.”

[Ground of recognition] Unsatisfy, Gap evidence 1-4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that "it is impossible to serve in the future" did not have a doctor's opinion but remains a irreparable obstacle even after receiving a considerable treatment due to the injury caused by the accident of this case, and this result causes enormous inconvenience in engaging in daily life and labor as well as daily life to the extent that it is impossible to independently allow a person to walk. Thus, in light of the plaintiff's disability condition, the plaintiff's disability grade falls under class 5 through class 8 of class 3, but the defendant's disposition of this case based on the different premise is unlawful.

B. In addition to the instant injury and disease, the Plaintiff was diagnosed as “salvine 5, 6 salvine salvine, brain salvine, and acute brain salvine” in addition to the instant injury and disease, and applied for medical care benefits from the Defendant and received medical care approval from the Defendant only for the instant injury and disease. From July 29, 2014 to January 26, 2015, the Plaintiff received medical care benefits.

(b).

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