장애등급결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 3, 2007, the Ministry of Health and Welfare (i.e., B Hospital NES and C) issued to the Plaintiff a certificate of disability diagnosis as follows.
The state of disability: The period of re-determination of the disability grade 4 and the disability grade 5 with no skills to be tried at the end of the 4-5th century, and the first-2 chest pressure : 5 years after the issuance of the certificate of registration of the disabled of grade 4 on December 7, 2007, when the plaintiff applied for the first disability grade on December 3, 2007.
Article 22(1) of the Civil Procedure Act provides that “The Plaintiff shall submit a written notice of the trial by the Do governor” to the Plaintiff on December 3, 2012 and “the Do governor” to the Plaintiff on August 10, 2016.” The Plaintiff received the written request for reexamination on September 13, 2016.
Applicant on October 11, 2016, the Defendant rendered a decision in excess of the grade (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff failed to meet the disability grade criteria.
【Facts without dispute over the ground for recognition, evidence Nos. 1 and 3, evidence No. 1, and the purport of the whole pleadings
2. (i) Article 2(2) of the Act on Welfare of Persons with Disabilities provides that the type and standard of disability shall be prescribed by Presidential Decree. Article 2(2) of the Enforcement Decree of the same Act provides that the degree of disability shall be classified according to the degree of disability and the grade shall be determined by Ordinance of the Ministry
In the disability grade table of attached Table 1 of Article 2(1) of the Enforcement Rule of the Welfare of Disabled Persons Act, a person who has lost the function of a 'bridge' in relation to the non-functional disorder in the items of "1. physical disability (Grade 2), a person who has a significant obstacle to the function of a bridge (Class 4), a person who has lost the function of a 2 bridge (Class 5), a person who has a significant obstacle to the function of a 3rd bridge (Class 5), a person who has a significant obstacle to the function of a 2 bridge (Class 4 subparagraph 6), a person who has a substantial obstacle to the function of a 4th disability (Class 6), and a person who has a considerable obstacle to the function of a 5th disability.