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(영문) 울산지방법원 2016.03.24 2015구합206

장애등급결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

Around 2008, the Plaintiff was registered as a disabled under the diagnosis of the third degree of mental disorders, and around 201, the Plaintiff was determined as a second degree of mental disorders, and on February 7, 2014, submitted a certificate of disability examination issued at B Hospital to the Defendant, and filed an application for adjustment of the disability grade with the Plaintiff’s mental disorders more serious.

B. On March 31, 2014, the Defendant: (a) against the Plaintiff, “In light of the treatment process, such as the submitted disability diagnosis letter, progress-record mental symptoms, drug consumption due to symptoms, and degree of deterioration of skills, etc., the Defendant determined the class of the Grade III of the mental disorder caused by current injury according to the results of the National Pension Service’s examination of the National Pension Service to determine the class of the Grade III of the mental disorder caused by current injury according to the result of the National Pension Service.

C. On May 7, 2014, the Plaintiff appealed and filed an objection against the Defendant on May 7, 201. Accordingly, the Defendant requested the National Pension Service to review the disability grade. On May 27, 2014, the National Pension Service notified the Plaintiff that “as a result of a comprehensive review of the submitted data, there exists symptoms, such as refund in the medical record area, social decline, etc. in the past one year, and considering the degree of the use of drugs due to symptoms, treatment progress, etc., the Defendant determined the grade of the Plaintiff at Grade III with mental disorder on May 28, 2014.”

(hereinafter “instant disposition”) D.

On June 16, 2014, the Plaintiff filed an administrative appeal, but was ruled dismissed by the Ulsan Metropolitan City Administrative Appeals Commission on November 28, 2014.

[Ground of recognition] The plaintiff's assertion that there was no dispute, Eul's evidence Nos. 1 through 6, and the purport of the entire argument is legitimate.