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(영문) 서울행정법원 2019.09.26 2018구단71451
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 January 27, 2017, while working as a delivery source at the cafeteria “C” restaurant located in Daejeon-gu Daejeon-gu, the Plaintiff was subject to a traffic accident on January 27, 2017, and was granted medical treatment approval as to “the 5 underwater dyke, breast water fyke, left-hand hand, rectangular, fiber, fiber, fiber damage and salt dyke, left-hand brogal damage and erogic damage, and an adaptation disorder accompanied by a erogism” until August 15, 2018.

B. On August 21, 2018, the Plaintiff filed a claim for disability benefits with the Defendant. On September 10, 2018, the Defendant rendered a disposition to determine that the Plaintiff’s disability grade constituted only class 10, and ultimately, it constitutes only class 14 subparagraph 10, by deeming that the Plaintiff’s disability grade falls short of the standard for functional disability within the scope of exercise scope concerning the left-hand hand-hand hand-hand hand-off, the left-hand part, and the part concerning the satisfaction of the part of the Plaintiff.

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

2. Whether the instant disposition is lawful

A. The plaintiff's main intent of the plaintiff's assertion is that the plaintiff's physical function is caused by incomplete damage to the left-hand part and the satisfaction part of the plaintiff's main body, and thus, the plaintiff's opinion was expressed that it is reasonable to measure the scope of the exercise by active exercise, and accordingly, the plaintiff's physical function is not sufficient to measure the scope of the exercise by the plaintiff's left-hand part.

Therefore, the Plaintiff constitutes class 9 No. 13 (a person who has failed to properly implement the first proposal) under Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act.

Although the defendant is required to make the disposition of this case, the defendant's disposition of this case was unlawful by deeming that the plaintiff's left-hand part corresponds only to "the person who remains after the patience."

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) The fact of recognition was carried out on August 26, 2017, - the medical certificate of August 21, 2018, - the medical certificate of August 26, 2017.

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