장해등급재판정결정처분 취소
1. The Defendant’s disposition of re-determination of a disability grade against the Plaintiff on November 28, 2017 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On June 25, 2010, the Plaintiff, who was working as the Parking Institute of Building B, received medical treatment until June 30, 2014 with respect to “self-cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Organisms Protection,” and received a judgment of disability grade No. 2 subparag. 5 (a person who needs to receive from time to time care due to considerable impediments to the function or mental function of the nursing system) from the Defendant after the completion of medical treatment.
B. On November 28, 2017, the Defendant: (a) requested C Hospital to conduct a special medical examination for the Plaintiff; and (b) issued a disposition to re-determine the Plaintiff’s disability grade No. 3 (a person who is not able to engage in labor for his or her lifelong life due to a significant impediment to the function or mental function of the relevant nursing system) on November 28, 2017, following the examination by the Integrated Examination Council based on the results of the aforementioned special medical examination and the results thereof (hereinafter “instant disposition”).
C. The Plaintiff filed a request for examination against the Defendant, but the Defendant dismissed the Plaintiff’s request on March 14, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 9, Eul evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the plaintiff's assertion is almost impossible to move essentially in his daily life, the dementia symptoms, and the physical strength of the plaintiff has already been lost to the extent that it does not reach the minimum extent necessary for the maintenance of life, the plaintiff is unable to maintain his/her livelihood without the other person's aid from time to time.
Therefore, the instant disposition taken on a different premise is unlawful.
(B) The facts of recognition 1) Special Medical Examination of C Hospital (A) (A) on August 22, 2017, 3.3 cm cerebral cerebral tension in the size of 3.3 cm due to chronic cerebral cerebral typhism on the right side, the opinion of chilling the light of the right side, both cerebral typosis, dental typosis, the right side typosis, the left side typopic typosis, the left side typhal typ.