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(영문) 서울행정법원 2018.01.19 2016구단64237
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 April 13, 2015, the Plaintiff was self-written during his/her service at B funeral hall on April 21, 2015, and obtained approval for medical care from the Defendant with respect to “pact-to-pat-pat-pat-pat-pat-pat-pat-pat-p

B. By May 31, 2016, the Plaintiff issued a disability diagnosis certificate with the following contents, and filed a claim for disability benefits to the Defendant on July 6, 2016.

Injury and disease name which causes disability: A state of impairment on the left-hand side of a prop-to-bed disorder caused by serious brain bed: The plaintiff has been measured at 71 points of the revised deel index because of the need to assist others intermittently, although walking and most daily activities of the plaintiff are carried out by himself due to the above disability.

C. Accordingly, on August 19, 2016, the Defendant determined the disability grade (hereinafter “instant disposition”) to the Plaintiff on August 15, 2016 due to the determination of class 9 15 (a person whose work remains limited to the degree that his/her mental function or mental function is considerably limited).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is unlawful since the current disability, such as the left-hand paralysis and vision disorder, cannot be viewed as a daily life or out-of-the-spot, etc., without any nursing for his spouse, since the disability grade falls under class 3 (persons whose physical or mental function is not obvious and obvious). Thus, the disposition of this case is unlawful.

B. 1) First, the Plaintiff asserts to the effect that the Defendant should have taken into account the disability grade of the Plaintiff in determining the disability grade of the Plaintiff, inasmuch as the occurrence of a climatic disorder due to the “pathologous proculsis from the heavy brain beer.” However, disability benefits are paid at the request of the beneficiary (Article 36(2) of the Industrial Accident Compensation Insurance Act, and the issue of illegality of administrative disposition in an appeal litigation is determined by administrative disposition.

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