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(영문) 서울행정법원 2014.07.23 2012구단23467
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 9, 2011, the Plaintiff was diagnosed as “the pressure frame for 1st century, brain-dead, two parts, and cerebral Proof,” and provided medical care until April 30, 2012 with the Defendant’s approval, for an occupational accident that happens at the site of removal (hereinafter “instant accident”).

B. On June 27, 2012, the Defendant determined and notified the Plaintiff’s disability grade of the Plaintiff due to the instant accident as the final 12th grade (12th grade 16 between here and here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here-

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, A 1, B 1-1, 2

2. Whether the instant disposition is lawful

A. The Plaintiff’s first summary pressure rate of the Plaintiff’s assertion falls under 39% of disability grade 11 subparag. 7 of disability grade, and not only falls under “the remaining persons with a high level of modified disorder” but also “vertebral neutism” appeared in the Plaintiff. Thus, the Plaintiff’s final disability grade is higher than 11.

Therefore, the instant disposition taken on a different premise should be revoked as it is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. (1) Medical opinions (1) The name of an injury from the Plaintiff’s doctor’s opinion (the relevant hospital on May 25, 2012): The medical opinion of the Plaintiff’s doctor’s opinion that it is difficult to lead a daily life due to the lack of cerebral fever, external stress disorder, disability: The state of appeal by the Defendant for two pains, anxietys, surface disorders, and depressions. The first summary of the opinion of disability (the relevant hospital on May 25, 2012): 39% simple pressure dives of 39% simple pressure. (2) The Defendant’s opinion of advisory opinion on the opinion of the Defendant’s advisory opinion was submitted on May 25, 201: The first outline pressure rate of 25%; Although the Defendant complained of two pains, water surface disorders, etc.; however, there were no damage to the cerebr MRI’s physical properties due to the lack of injury to the relevant Defendant’s advisory opinion on the relevant part of the State.

(d) in light of the opinions of the Defendant’s advisory opinions.

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