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(영문) 대구지방법원 2017.11.14 2017구합21342

장애등급결정취소 및 등급확인

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1. The Defendant’s decision on March 22, 2017 on the disability grade (Grade V) rendered to the Plaintiff shall be revoked.

2...

Reasons

(b) be verifiable and, in the event of the implementation of a funeral, it shall be regulated in Grade V of the heart disorder;

Despite active treatment in the case of hospitalization within the last nine months, the number of hospitalization and the number of hospitalization are recognized only when it is confirmed as objective data that the aggravation of major mergers, such as heart, cardiopulmonary blood or congenital diseases, has been verified.

3. Review of the disability examination report, medical records, paper, and video medical records submitted by the opinion of review and review indicated as follows: “the total score of the heart disorder is 29 points at the time of the occurrence of the heart heart disease and the heart disorder therefrom” in the disability examination report; however, on November 8, 2016, it is stated that the heart heart transplant surgery falls under class 5 of the heart disability by performing the heart transplant surgery, and where it has undergone a organ transplant surgery, such as heart, closure, inter-liver, and extension, according to the criteria for determining disability ratings, it is stipulated as class 5 of the disability grade.

4. It shall be determined as Grade V in accordance with the results of the review.

* If a serious heart disease that is the cause of a transplant occurs, the application for rating adjustment may be considered in the event of positive and sufficient treatment is required and it is confirmed that there remains a disability to the extent that it falls under the grade criteria.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1 (including paper numbers), Eul evidence 3 through 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is not a person who received a heart transplant, but a heart is transplanted, but the physical heart function disorder continues, and the physical heart disorder can be limited to a certain extent, but if the activity is conducted, it constitutes class 2 of the heart disorder that makes it difficult to harm normal daily life due to the symptoms of the heart or the symptoms of the compromise, etc.

Nevertheless, the examination of the plaintiff's status has not been properly conducted and it has undergone a heart.