logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2020.11.18 2019구단66777
장해등급결정처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On April 29, 2014, the Plaintiff, while working as a member of the office affiliated with the Busan Regional Administration B, was involved in an accident where the mail was delivered by driving the office, resulting in an accident that was cut off into rainwater and flown together with the office of the office of the Busan Regional Administration B (hereinafter “instant accident”).

B. In relation to the instant accident, the Plaintiff received the approval of the medical care from the Defendant and voluntarily retired on December 31, 2017.

C. Since then, the Plaintiff filed an application with the Defendant for disability benefits against “Insurgical Woodon Hadon Hadon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon” (hereinafter “instant disposition”). On July 11, 2019, the Defendant decided that the Plaintiff’s disability grade No. 12 subparag. 12

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The degree of disability of the combined brue brusia resulting from the instant accident constitutes “a state in which a person is unable to engage in labor during one’s life (class 3 of the disability grade)” or “a state in which a person is unable to engage except an easy labor (class 5 subparag. 2 of the disability grade)” even if the degree falls short of such degree, it constitutes “a state in which a person is unable to engage in labor during one’s life (class 3 of the disability grade) with substantial restriction on labor remaining in the function of the new system (class 9 subparag. 10 of the disability grade of the public officials).” The Defendant’s instant disposition (class 12 of the disability grade

B. Article 40(1) [Attachment 3] of the Enforcement Decree of the Public Officials’ Accident Compensation Act provides that “A person who is not able to engage in labor for the remaining life due to a significant obstacle to the function or spirit of the neurosis shall not be engaged in any work in class 3, and a person who has a significant obstacle in the function or spirit of the neurosis shall not be engaged in any work in particular except for easy work

arrow