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(영문) 서울행정법원 2019.12.19 2019구단56794
장해등급재판정 처분 취소
Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on January 29, 2019 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On September 11, 2015, the Plaintiff was faced with an accident falling down on the roof at a Macheon-si B farm, and received medical treatment until January 16, 2018 with medical treatment approval for the injury to the injury or disease. The Plaintiff received the medical treatment approval for the injury or disease. The Plaintiff received the medical treatment approval for the injury or disease.

B. On April 9, 2018, the Plaintiff filed a claim for disability benefits with the Defendant, and on which the Defendant rendered a disposition to determine the Plaintiff’s disability grade No. 5 No. 8 (except for those whose disability remains obvious in the function or mental function of the neurotic system) (hereinafter “instant prior disposition”).

C. The Plaintiff, who is dissatisfied with the preceding disposition of this case, filed a lawsuit seeking revocation of the disposition of revocation of disability grade determination with the court 2018Gudan587000.

(hereinafter “Prior Lawsuit”) D.

On January 9, 2019, the prior suit of this case rendered a decision to recommend conciliation that “the Defendant revoked the prior suit of this case and immediately withdraw the lawsuit.”

E. On January 29, 2019, the Defendant revoked the instant prior disposition, and simultaneously rendered a disposition to determine the disability grade No. 3 (a person whose significant impediment to the function or mental function of the neurotic system remains and is not able to engage in labor for lifelong life) against the Plaintiff (hereinafter “instant disposition”). On February 19, 2019, the Plaintiff withdrawn the instant prior disposition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 18, 19, 23, 24, 26, 28 through 30, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of the disability status of the Plaintiff is in need of nursing in order to carry out actions necessary for daily life at both sides of the lower half of the Plaintiff’s claim due to damage to the scale of reception. Thus, the Plaintiff’s disability status functions of the nego 3 of class 1 of the disability grade.

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