장애등급심사결과처분취소
1. The Defendant’s disposition of disability ratings rendered against the Plaintiff on May 20, 2013 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On October 9, 2003, the Plaintiff suffered a acute cerebrovascular disorder, and on April 10, 2008, the Plaintiff was determined as a class 3 disability on the ground of brain disease by the Defendant. On April 12, 2013, the Plaintiff filed an application for a disability rating with the Defendant on April 12, 2013.
On May 2013, the Defendant rendered a decision on the disability grade 6 on May 201, 201 to the Plaintiff on May 201, 201, on the ground of the results of the National Pension Service’s determination that “The Defendant’s act of walking and most daily life is to be completely performed, but falls under class 6 of the thalleical disability in the state where the period during which liver was performed or the thale is abnormal,” when considering the fact that it was judged to be capable of walking and independently moving with minor help according to the opinion of opinion, and that it falls under class 6 of the thalleical disability in the state where thale is faced or the thale is abnormal.”
(hereinafter “instant disposition”). (b)
On August 6, 2013, the Plaintiff filed an objection against the instant disposition with the Defendant. The Defendant shall be determined as class 6 of the brain disease disorder in consideration of the following: (a) brain fluencing in the brain image data is insignificant; (b) the brain flusium is not a disease that may cause the bridges and legs maths; (c) the brain flusium was fluored and discharged on the upper left-hand side in October 2003; (d) the 4th degree near the left-hand side in the opinion of 2013; (e) the bath, fluoring, walking items, and the progress of treatment, etc.
"The plaintiff's objection was dismissed on September 13, 2013 according to the results of the review by the National Pension Service.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the Plaintiff’s assertion, deel index, Plaintiff’s condition, etc., the instant disposition is unlawful since the Plaintiff’s disability grade falls under class 5.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. The Plaintiff’s disability grade 1.