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(영문) 서울행정법원 2015.10.07 2015구단3112
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 23, 2013, the Plaintiff received medical care until July 7, 2014, from the employees of the Company B, for the injury of the pipe sn beam line due to the escape from the support stand, the Plaintiff medical care was provided to the employees of the Company B, with the injury of the “influoral disease of the upper part of the lower part of the products, the upper part of the pipe snife frame, the outer part of the upper part of the snife frame, the outer part of the upper part of the snife frame, the left part of the stimule frame, the left part of the stimule frame, the stimule system, and the non-stilogal stimul

B. On July 7, 2014, the Plaintiff filed a claim for disability benefits with the Defendant. On July 17, 2014, the Defendant decided that the Plaintiff’s disability grade No. 8-7 (one of the three major sections of a single bridge was not properly used) pursuant to the advisory society’s opinion that “after the fact that the mission was cut down on the left side, the movement scope of 100 degrees for the left side, 80 degrees for the first part, and 70 degrees for the left side.”

(hereinafter referred to as “instant disposition”). C.

The Plaintiff filed a request for examination against the instant disposition, but the Defendant dismissed the Plaintiff’s request for examination on December 19, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion’s opinion, the Plaintiff’s exerciseable scope constitutes disability grade 7, and the Plaintiff’s disposition of this case by determining otherwise the Plaintiff’s disability grade 8-7 is unlawful. The Plaintiff’s disability grade is deemed to fall under disability grade 7, and the Plaintiff’s disability grade 8-7, and thus, the Defendant’s disposition of this case, which determined otherwise as disability grade 8-7, is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

(c) Medical opinion (1) : 10th degree (0th degree, 30th degree, 0th degree, 0th degree, 25th degree) (b) - First degree on the left-hand side: 12th degree (the left-hand side of new 0th degree, 0th degree, 0th degree).

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