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(영문) 수원지방법원 2015.10.23 2015구단30375

장애등급결정처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From March 19, 1979 to June 18, 2012, the Plaintiff had been living in the house after having been discharged from the hospital, and received a diagnosis of “B Hospital” located in the Guangssi from February 28, 2013, and received a diagnosis of “major depression” from a medical specialist of the department of mental health in the hospital B, and filed an application for a disability rating with the Defendant on March 7, 2014, but the Defendant made an out-of-the-counter judgment and notified the Plaintiff on April 8, 2014.

B. On July 24, 2014, the Plaintiff received a diagnosis of “competence” on July 25, 2014, and again requested a disability grade review to the Defendant on July 25, 2014. However, according to the criteria for disability grade assessment, the Defendant determined the disability grade by confirming the current state of treatment, state of mental illness, and mental capacity due to mental illness. As a result of examining the disability examination submitted by the Plaintiff, the degree and frequency of the mental symptoms in the medical record, the degree of treatment, treatment process, medication details, degree, etc., it is difficult to recognize that the symptoms with symptoms of depression, desire, behavior, etc. are continued or repeated, or it is difficult to recognize that the Plaintiff’s mental disorder of the Plaintiff is not recognized as a sporadic assistance from more than three items in the standard for measuring disability grade, on the ground that it does not meet the criteria for disability grade assessment, and notified the Plaintiff of this case on August 29, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was diagnosed as “major depression disability” by undergoing a mental therapy from February 28, 2013 to March 4, 2014 at the hospital B. At the time, the Plaintiff’s disability diagnosis was diagnosed as 50 points, and on April 24, 2014, the Plaintiff’s disability diagnosis was diagnosed as “serious disease with heavy symptoms” and the Plaintiff’s happiness on July 24, 2014. < Amended by Presidential Decree No. 25213, Jul. 24, 2014>