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(영문) 서울행정법원 2020.06.30 2018구단76647
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 February 12, 2018, the Plaintiff was diagnosed as “the instant accident, i.e., vadi, vadi, while carrying out the construction of a panel at a height of approximately one meter in height at the site of a new construction project in Chungcheongnam-gun B, Chungcheongnam-gun, the Plaintiff was suffering from the instant accident (hereinafter “the instant accident”). “The Plaintiff was diagnosed as “the instant accident,” under the ground that the Plaintiff was faced with vadidi, which was due to the construction of a panel at a height of approximately one meter.”

On September 8, 2018, the Plaintiff obtained the medical care approval from the Defendant for the above injury and disease, and completed the medical care on the same day.

B. On September 8, 2018, the Plaintiff filed a claim for disability benefits with the Defendant. On October 18, 2018, the Defendant, following the Consolidated Review Committee, determined the disability grade for the Plaintiff as class 9 (hereinafter the instant disposition) on the basis of the following individual disability determination:

New disability [Disability of Disability] 54% of the essential transformation disability [final Calculation] 54% of the main disorder 8 of grade 10 in general (the second degree pressure rate 54%) of the person who has suffered from the extreme transformation disorder (the second degree 54% of the main disorder ] New disability : The Banath Do 70 degree / Final Calculation / the third degree / the main disability / the third degree / the main part of the arms of grade 10 13 in general (the third degree / the main part of the arms of grade 10 / the third part of the arms of grade 10 / the main part of the 10 / [the state of disability ] the bridge of the person who has a significant obstacle to the function of the first part of Section 13 of Section 10 in general (the second part) : the Ganath Do 70 degree / the remaining part of the general road / [final calculation] the person who has no ground for dispute as to the remaining part of Grade 12 /3.

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion’s opinion, the scope of exerciseable scope of the Plaintiff’s right hand hand over does not deviate from 30 degrees, and there are obstacles to the right hand over, and thus, the corresponding disability grade should be granted.

Nevertheless, without considering the right fingers, the right fingers.

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