장애 등급 외 판정처분 취소
1. On May 26, 2017, the Defendant’s disposition of non-degree disability assessment against the Plaintiff is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On May 18, 2017, the Plaintiff was diagnosed at the Jeonbuk University Hospital.
B. The Plaintiff filed an application for a rating examination of an euthanal disability with the Defendant on the ground of a white reflect, but on May 26, 2017, the Defendant rendered a decision on external rating (hereinafter “instant disposition”) on the ground that the coloring due to a white reflectr, coloring, fluoring, fluoring, fluoring, tissues’s vision, bladance, or deficit does not fall under the case of loss, and the general photographing opinion, treatment progress, etc. do not meet the euthanal disability rating criteria.
[Reasons for Recognition] Facts without dispute, Gap's evidence 1 to 4, Eul's evidence 1 to 5, the purport of the whole pleadings and arguments
2. Determination on the legitimacy of the disposition
A. The plaintiff's assertion has been subject to considerable restrictions in daily life or social life for a long time due to a wide range of lebssis shown on the face of the plaintiff, and thus, it constitutes a person with a disability under the Act on Welfare of Persons with Disabilities. However, the disposition of this case judged differently should be revoked as unlawful.
(b) as shown in the relevant statutes and regulations;
C. (1) According to Article 2 of the Act on Welfare of Persons with Disabilities as to whether a person with a disability is included in an internal disability under the Act on Welfare of Persons with Disabilities, a person with a disability refers to a person whose physical or mental disability is under considerable restriction in his/her daily life or social life for a long time (Paragraph (1). A person who has a physical disability, such as a failure of major external functions, and an internal organ disorder, and who meets the type and standard of disability prescribed by Presidential Decree is subject to the Act on Welfare of Persons with Disabilities (Article 2(1) [Attachment 1] of the Enforcement Decree of the Act on Welfare of Persons with Disabilities, based on such delegation, refers to a person whose physical disability is subject to considerable restriction in his/her social life due to a transformation of
On the other hand, Article 2(2) of the Enforcement Decree of the Act on Welfare of Persons with Disabilities.