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(영문) 서울행정법원 2017.08.23 2016구단54315
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. B, on December 15, 2014, as a person with a fluence who had worked as a luminous source in the Gyeyang Forest Co., Ltd., and was diagnosed by the “Maternity Closed Disease” (hereinafter “the instant injury”) at the Tol University Seoul Mother Hospital, and applied for the first medical care benefit on March 12, 2015 and obtained approval for the medical care on August 17, 2015.

B. On May 8, 2015 and June 26, 2015, the result of the two-time closure function test conducted by C Hospital on two occasions through special medical examinations conducted by C Hospital on May 8, 2015, the Defendant has a opportune (FEV1) and a opportune (FVC, forced vital capa) with an important measurement value in the measuring method of waste vitalitys.

FVC(FVC) is the total amount of pulmonary air conditioner(FVC) one repulmonary air conditioner(FEV1) out of the maximum amount of opic air conditioner(FV1) and the first opic air conditioner(FEV1) out of the maximum opic air conditioner(FV1).

Based on 56%, on August 24, 2015, a disposition was rendered to determine disability grades B as Class VII 5 (hereinafter “instant disposition”).

C. B, dissatisfied with the instant disposition, filed a request for review, but was dismissed.

On the other hand, B had been inspected five times including two special inspections listed in the preceding B B(4,5) and its details are as listed below.

순번 진단일자 진단기관 1초량(FEV1) 심폐기능 1 2014. 3. 25. C병원 50% 중등도 장해 45%≤FEV1<55% 2 2014. 12. 01. 가톨릭대학교 서울성모병원 48% 중등도 장해 30%≤FEV1<55% 3 2014. 12. 15. 〃 46% 중등도 장해 30%≤FEV1<55% 4 2015. 05. 08. C병원 56% 경미장해 55%≤FEV1<70% 5 2015. 06. 26. 〃 52% 중등도 장해 30%≤FEV1<55%

E. B died on February 2, 2016 as an acute Corerculatory Maculer (direct master).

F. The Plaintiff is a spouse who was living together with the deceased at the time of the death of B (hereinafter “the deceased”).

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1, 1.

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