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(영문) 춘천지방법원 2018.09.18 2018구합5350

장애등급외결정처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On March 18, 2017 and March 23, 2017, the Plaintiff received 5-6 Rabsing and unstable 5-6 Rabsings.

On October 24, 2017, the Plaintiff was diagnosed as “vertebal disability” and applied for disability grade examination to the Defendant, and the Defendant requested the National Pension Service to examine the Plaintiff’s delayed disability grade.

On November 8, 2017, the Defendant rendered a decision in addition to the class of physical disability (verteebrate) to the Plaintiff on the following grounds:

(hereinafter “instant disposition”). The content of the determination of disability grade “standards for disability grade” under the “standards for determination of disability grade” under the “standards for determination of disability grade” of 1,00, vertebral disability is determined depending on the degree of loss of cryp and chest and scarcity, and the calculation of the function of spine sports is deemed to have lost all fixed part of the physical function of spine in cases where spine ebrate was fixed as bry, etc., and the physical function of division, which was not fixed by a surgical method, would be calculated under normal circumstances.

It is the Grade 6 if it has lost at least 1/5 of the normal sports function of the scarcity or scarcity.

After reviewing the disability diagnosis report and the operation record paper, it is confirmed that the scope of the movement of the climatic was reduced by less than 1/5 (17do limit/ total 95 degrees) in the normal situation.

Accordingly, I shall be judged aside from the grade.

The Plaintiff filed an administrative appeal against the instant disposition, and the Gangwon-do Administrative Appeals Commission dismissed the Plaintiff’s claim on February 26, 2018.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition based on the disability grade criteria publicly notified by the Ministry of Health and Welfare, based on the fact that there is no dispute, Gap’s 2, 4, and Eul’s evidence No. 1, and the purport of the entire pleading, but the instant disposition is legitimate. However, the disability grade criteria are merely an internal work rules and thus cannot be

Therefore, the instant disposition constitutes a discretionary act, and the Defendant.

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