장해 판정 기준 : 사지 및 척추 분야 제2판

목 차 -

발간사 (장해판정기준추진위원장 인주철) ······································3
축사 (대한정형외과학회장 배대경) ···········································5
편집위원 ·······················································
·····6

총 론

Ⅰ. 서론 ··································· 13
1. 머릿말 ·······················································
····13
2. 장해관련 용어 ···················································
···15
가. 장애(障碍)와 장해(障害) ·············································15
나. 배상(reparation)과 보상(compensation)··································16
다. 치유(治癒), 완치(完治), 치료종결(治療終決), 증상고정(症狀固定), 요양종결(療養終決) ····16
라. 준용(準用) ····················································
··17
마. 장애계열, 장애서열 ················································
17
바. 조정(調整) ····················································
··17
사. 복합(複合)장애 ··················································
·17
아. 중복(重複)장애, 파생장애·············································18
자. 일상 생활동작(ADL : Activity of Daily Living) ·····························18
차. 개호(介護)·····················································
··18
카. 향후치료비 ····················································
··18
3. 장애판정 시점 ···················································
···18
4. 장애판정인의 자격문제 ···············································
·19
5. 일시적 장애, 영구(永久)장애, 한시(限時)장애 ··································20
6. 관여도(關與度) 또는 기여도(寄與度) ········································24
7. 장애인을 위한 복지 혜택···············································
·30

Ⅱ. 각종 장애평가법의 일반적 고찰 ·······················31
1. 장애평가의 형식별 분류 ···············································
·31
2. 흔히 사용되는 장애평가법의 종류 ·········································32
3. 국내법에 의한 장애평가 ···············································
·32
1) 국내법들의 전체적인 개요 ············································33
2) 장점 ························································
···33
3) 단점 ························································
···34
4. 맥브라이드법에 의한 장애평가 ···········································34
1) 맥브라이드법의 개요 ················································
34
2) 장점 ························································
···35
3) 단점 ························································
···35
5. AMA법에 의한 장애평가 ···············································
43
1) AMA법의 개요 ····················································
43
2) 장점 ························································
···43
3) 단점 ························································
···43
6. 캘리포니아법의 개요 및 장단점 ··········································44
7. 대한정형외과학회 장애판정기준 ··········································44
8. 대한의학회 장애평가기준 ··············································
45
9. 국내법, 맥브라이드법, AMA법의 총체적 비교 및 학회의 견해 ······················45
1) 인지도 ·······················································
··45
2) 적용의 간편성 ···················································
·46
3) 단점에 대한 개선의 용이성 ············································46

Ⅲ. 운동범위의 측정 ······························ 51
1. 운동범위 측정의 일반적 문제 ············································
51
2. 운동범위의 측정 요령 ················································
· 52
3. 측정된 각도의 장해적용 문제 ············································
57
4. 신체 제관절의 표준각도(학회안) ··········································
57

Ⅳ. 직업의 장애율 반영문제 ·························· 61
1. AMA법 ·······················································
··· 61
2. 맥브라이드법 ····················································
·· 61
3. 캘리포니아법 ····················································
·· 61
4. 임광세법 ······················································
··· 62
5. 대한정형외과 학회법 ················································
· 63

Ⅴ. 연령의 장애율 반영문제 ·························· 65
1. AMA법 ·······················································
··· 65
2. 맥브라이드법 ····················································
·· 65
3. 캘리포니아법 ····················································
·· 65
4. 임광세법 ······················································
··· 66
5. 대한정형외과 학회법 ················································
· 66

Ⅵ. 좌우수의 장애율 반영문제 ························· 67
1. AMA법 ·······················································
··· 67
2. 맥브라이드법 ····················································
·· 67
3. 캘리포니아법 ····················································
·· 67
4. 대한정형외과 학회법 ················································
· 67

Ⅶ. 중복(복합)장해 반영문제 ···························69
1. AMA법 ·······················································
··· 69
2. 맥브라이드법 ····················································
·· 69
3. 국내법 ·······················································
···· 69
4. 대한정형외과 학회의 견해 ·············································
· 70

Ⅷ. 개호 ····································71
1. 개호의 정의 ····················································
···· 71
2. 개호(간병)에 관한 국내법 ·············································
· 71
3. 개호의 분류, 수준, 업무 ··············································
· 73
4. 개호인의 수, 개호기간, 개호 감정시기 ······································ 74
5. 개호에 대한 학회의 견해 ··············································
· 75

Ⅸ. 참고문헌 ································· 77

각 론 ·························································
········· 79

Ⅹ. 신체 부위별 장애 추정 ··············································
· 83

1. 사지 종합 ······································83
1) 절단(Amputations)·································83
2) 완전 강직(Ankylosis) ································85
3) 부전강직(Motion limitation) ····························87
4) 관절 성형술(Arthroplasty) ·····························89
2. 질환별 장애 ·····································92
1) 관절 불안정성(Instability)······························92
2) 관절염(Arthritis) ·································94
3) 기타 질환(Others) ·································95
3. 골절 ········································97
4. 말초 신경 손상 ···································106
5. 척추 손상 ······································110
6. 참조표 및 그림····································117
1) 부전강직 측정표 ··································117
2) 그림(견관절) ···································122
7. 사례(장애 추정 및 노동능력 상실율) ··························123

부 록 ·························································
········ 125
부록 표 1. 근로기준법 시행령 별표 6. 신체장해의 등급 ··················128
부록 표 2. 근로기준법 별표. 신체장해 등급과 재해보상표 ·················131
부록 표 3. 산업재해보상보험법 시행령 별표 6. 장해등급의 기준 ··············132
부록 표 4. 산업재해보상보험법 시행령 별표 7. 간병급여의 지급대상 ············137
부록 표 5. 산업재해보상보험법 시행령 별표 8. 폐질등급의 기준 ··············137
부록 표 6. 산업재해보상보험법 시행규칙 별표 3. 장해계열표 ···············138
부록 표 7. 산업재해보상보험법 시행규칙 별표 4. ·····················139
정상인의 신체 각 관절에 대한 평균 운동가능영역
부록 표 8. 산업재해보상보험법 시행규칙 별표 5. 신체부위별 장해등급판정에 관한 세부기준··141
부록 표 9. 산업재해보상보험법 시행령 별표 3. 업무상 질병에 대한 구체적인 인정기준 ····154
부록 표 10. 산업재해보상보험법 시행규칙 근골격계질환. ··················155
부록 표 11. 산재 부위별 대표적인 근골격계질환명.·····················156
부록 표 12. 산재 후유증상 상병 및 후유증상 진료기간. 현행 후유증상 상병··········158
부록 표 13. 산재 장해등급판정 조견표(기능장해)······················159
부록 표 14. 자동차 손해배상 보장법 시행령 별표 1. 상해의 구분과 책임보험금의 한도금액 ···160
부록 표 15. 자동차 손해배상 보장법 시행령 별표 2. 후유장애의 구분과 책임보험금의 한도금액·164
부록 표 16. 국가배상법 시행령 별표 2. 신체장해의 등급과 노동력상실률표··········168
부록 표 17. 국가배상법 시행령 별표 3. 2개부위 이상의 신체장해 종합평가등급표 ·······172
부록 표 18. 국가배상법 시행령 별표 4. 사망에 대한 위자료 기준표 ·············172
부록 표 19. 국가배상법 시행령 별표 5. 신체장해에 대한 위자료 기준표 ···········173
부록 표 20. 공무원연금법 시행령 별표 3. 장애등급 ····················173
부록 표 21. 군인연금법 시행령 별표 2. 상이등급표 ····················175
부록 표 22. 군인연금법 시행령 별표 3. 2 이상 폐질에 대한 종합상이등급표 ·········178
부록 표 23. 국가유공자 예우 및 지원법 시행령 별표 3. 상이등급 구분표 ···········179
부록 표 24. 장애인복지법. 장애등급판정기준(보건복지부 고시) ···············183
(지체장애 판정기준 / 척수장애 판정기준)
부록 표 25. 국민연금 장애등급 판정기준. (보건복지부 고시) ················200
부록 표 26. 생명보험사 신체장애등급. 생명보험(4차 新약관) 장해등급············214
부록 표 27. 생명보험사 장애분류 및 지급율 별표 4. ····················216
부록 표 28. 맥브라이드 Table 모음. Table 2, Table 14, Table 15 ·············226
부록 표 29. 직업군 분류표. ·······························263
부록 표 30. 직업에 따른 노동능력상실지수표. ·······················311
부록 표 31. 노동능력상실지수에 따른 노동능력상실률. ···················321