beta
(영문) 청주지방법원 2016.01.21 2014구합1319

장애등급결정처분취소

Text

1. The Defendant’s decision on disability ratings rendered to the Plaintiff on August 18, 2014 is revoked.

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

Reasons

1. Details of the disposition;

A. On June 2009, the Plaintiff was registered as a person with disabilities of grade 5 due to the trolleysis damage to the right-side.

B. On August 2014, the Plaintiff filed an application for disability ratings with the Defendant around August 2014, along with a medical certificate that the degree of disability of the right side registered as the grade 5 of the delay (or the ground function), and the Defendant requested the National Pension Management Corporation to examine the degree of disability of the Plaintiff.

C. The National Pension Management Corporation: (a) although the Plaintiff’s right-hand fourth, the fifth finger is deemed to have a disability that could not be used in light of the results and treatment process, radiation image data, etc., the National Pension Management Corporation rendered a judgment out of the rating, and notified the Defendant of the result of the examination on August 18, 2014, on the ground that the right-hand finger and fingers are not recognized as a decrease in the scope of movement stipulated in the disability grade criteria. (b) Accordingly, the Defendant rendered a decision out of rating to the Plaintiff on August 18, 2014.

(hereinafter “instant disposition”) D.

Then, the Plaintiff filed an objection against the Defendant, but on October 6, 2014, the Defendant rendered a decision on the non-grade for the same reason to the Plaintiff.

[Ground of recognition] Each entry of Gap evidence Nos. 4, 9, 10, 11, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. Comprehensively examining the results of the Plaintiff’s assertion, etc., the Plaintiff constitutes “a person who has lost the function of all fingers (Grade 3)” as stipulated in the Enforcement Rule of the Act on Welfare of Persons with Disabilities [Attachment 1], and at least “a person who has lost the function of a single fingers and second fingers (Class 4 subparag. 2 of the physical handicap disability)” or “a person who has lost the function of a third fingers (Class 4 subparag. 3 of the physical handicap disability), including a single fingers or second fingers (Class 4 subparag. 3 of the physical handicap disability)” or “a person who has lost the function of a third fingers, including a second fingers or second fingers.”