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(영문) 인천지방법원 2017.03.21 2016구단114
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 September 13, 2013, the Plaintiff was an employee of B, who fell on the vehicle, and completed medical care until July 23, 2015 as “the instant injury and disease” (hereinafter referred to as “the instant injury and disease”), and claimed disability benefits to the Defendant on July 27, 2015.

B. As to this, the Defendant: (a) deemed that the instant disposition was rendered on August 7, 2015, on the ground that “the extent of movement on the left side is about 65 degrees, and the general simple movement remains.” In accordance with the result of deliberation by the Integrated Review Committee of the Disability Determination Committee, the Defendant: (b) deemed that the instant disposition was rendered on August 7, 2015, on the ground that “a person who has an obstacle to the function of one part of the three sections of one bridge (Class 12 subparag. 10) of the three sections of the same bridge,” and “a person who has an remaining part of the national flag (Class 10).”

C. The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Defendant, but was dismissed on November 11, 2015.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s opinion of the Defendant’s advisory opinion cannot be trusted by measuring the left-hand satisfaction area without directly measuring the exerciseable area.

In fact, in the case of the plaintiff, the number of the outside of the arcts of the unit is the complete vertical status, and the movement scope of the arcts is considerably limited, and the serious arcts are remaining on the water surface. The plaintiff's disability grade is the same as class 9 because at least 1/2 of the left arcts of the arcts and the serious arcts of the left arcts of the arcts of the arcts of the unit (class 10) and the majority arcts of the left arcts

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

C. Medical opinion 1) Injury and disease name caused by Plaintiff’s injury (C Council members, July 27, 2015), which is the cause of Plaintiff’s injury: The main contents of the disease’s injury and injury to the left-hand and the left-hand pelletitis, and the upper-hand pelvise of the upper-hand pelvise (the date of internal pelvisecation: 2013.

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