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(영문) 대전지방법원 2015.08.21 2014구단100735
장해등급결정처분취소
Text

1. The Defendant’s disposition of determining a disability grade against the Plaintiff on December 23, 2013 is revoked.

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

Reasons

1. Details of the disposition;

A. On November 15, 2013, the Plaintiff filed a claim for disability benefits with the Defendant along with a written disability diagnosis on the left part part.

B. On December 23, 2013, the Defendant issued a disposition of class 10 subparag. 14 of the disability grade (hereinafter “instant disposition”) against the Plaintiff on the ground that “the person who has an obvious obstacle to the function of one part of the three sections of one pipe among the three sections of one bridge (at least 1/2 of the left part of the exercise angle is restricted to at least 35 degrees)” (hereinafter “instant disposition”), and made a decision of KRW 27,183,70 for lump-sum disability compensation benefits.

C. The Plaintiff’s request for examination and request for reexamination on the instant disposition were all dismissed.

On the other hand, on February 28, 2014, the head of Seo-gu Daejeon Metropolitan City rendered a decision on the Plaintiff’s disability grade 6 under the Act on Welfare of Persons with Disabilities on the ground that the Plaintiff “a person whose scope of the movement of a bridge is reduced by at least 75%,” on the ground that it is confirmed that he/she caused the fall of the upper part of the water surface on the submitted data and the lower part of the left part on the examination of nearby electric field, and that he/she applied mutatis mutandis to class 6 of the 6 disability rating under the Act on Welfare of Persons with Disabilities, taking into account the fact that he/she is aware that

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, 4, Eul evidence 3 and 4, part of Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s left heading of the Plaintiff’s assertion is close to the complete lecture, and the heading and scarkeing of the scare is in a state where the scare and scare do not control themselves, and the wearing of assistive devices is at least knee (knee) damage to the extent that it is always necessary.

In accordance with the method of measuring a manual exercise, the plaintiff's abundance measured the exerciseable area according to the method of measuring a manual exercise. However, the defendant measured the part of the plaintiff's left trees uniformly according to the method of measuring a manual exercise.

The disability grade shall be class 14 of class 10.

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