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(영문) 인천지방법원 2020.10.22 2019구합56252

장애정도 미해당 판정 처분 취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

A. On September 7, 2018, the Plaintiff filed an application for disability ratings with the Defendant on the basis of a disability diagnosis certificate issued by B University Hospital, and the Defendant rendered a judgment outside the class on October 5, 2018.

Accordingly, the Plaintiff filed an objection, but the Defendant rendered a second judgment on December 5, 2018.

B. On May 30, 2019, the Plaintiff applied for a disability grade on the basis of the disability certificate issued by the Seoul National University Hospital to the Defendant, but the Defendant rendered a judgment outside the grade on June 26, 2019, and the Plaintiff raised an objection, but the Defendant, upon having requested the National Pension Service to examine the level of disability of the Plaintiff, was determined on August 19, 201 that the Plaintiff does not constitute a cadastral disability as follows, and on August 19, 2019, did not constitute a cadastral disability:

(이하 ‘이 사건 처분’이라 한다). 장애정도 판정기준상 지적장애는 선천적인 인지저하와 뇌손상, 뇌질환 등의 원인에 의하여 성인이 된 후 지능저하가 온 경우에 한하며 웩슬러 지능검사 등 개인용 지능검사를 실시하여 얻은 지능지수에 따라 판정합니다.

The results of the review are deemed to be a clerical error in 2018, 2019.

In consideration of the fact that the result of a clinical examination conducted in September 201, intelligence index 66 was assessed, but the number of people in each area is large and the result of a clinical examination conducted in August 2018, it is assessed that the social well-being index 72 and the actual ability is regarded as falling under the cadastral function of the boundary line, it does not fall under the criteria for determining the degree of intellectual disability.

Therefore, I will determine the degree of disability below the degree of disability.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was conducted on April 17, 2019 by the Seoul National University Hospital’s mental health department, and as a result, overall intelligence (FSI Q) was conducted to determine intellectual disabilities.