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(영문) 수원지방법원 2015.10.23 2014구단94

장애등급외 결정처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On March 21, 2001, the Plaintiff was diagnosed with a multi-explosive chlosion, and was registered as a disabled person on October 18, 2005 with a disability due to cerebral cerebral cerebral cerebral typhism accompanied by two copies on October 18, 2005. < Amended by Presidential Decree No. 19150, Apr. 7, 2006>

B. On July 22, 2013, the Plaintiff received a diagnosis of a disability that the Plaintiff’s revised detonism index 68 degrees intermittently necessary for another person’s assistance, and applied for the adjustment of the disability grade to the Defendant on the same day on the same day.

C. On August 20, 2013, the Defendant requested the National Pension Service to examine the disability grade, and on which August 20, 2013, the National Pension Service rendered a judgment on the extra disability grade on the ground that the brain diversity disorder does not constitute the criteria for classification of brain diversity disorder, in consideration of the fact that the brain diversity disorder does not fall under the criteria for classification of brain diversity disorder in light of the fact that the brain diversity disorder does not fall under the criteria for classification of brain diversity disorder.

Accordingly, on September 4, 2013, the Defendant rendered the instant disposition against the Plaintiff on September 4, 2013, where the Plaintiff rendered a decision on the disability grade and notified the Plaintiff of the decision.

E. The Plaintiff raised an objection to the Defendant, but did not accept it, and filed an administrative appeal on October 29, 2013, but was dismissed on December 18, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 2-2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On April 7, 2006, the Plaintiff’s assertion that occurred before the disposition of the instant case, the lower court determined the 5th degree of brain disease disorder.