장애등급심사결과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 9, 2003, the Plaintiff suffered a acute cerebral typosis, and on April 10, 2008, the Plaintiff was determined by the Defendant as a third degree of disability on the ground of brain disease.
B. On April 12, 2013, the Plaintiff filed an application for the determination of disability ratings with the Defendant. On May 20, 2013, the Defendant decided on May 20, 2013 to the Plaintiff’s disability ratings 6th degree of brain disease disability in accordance with the results of the review by the National Pension Service that: (a) the Plaintiff was hospitalized with a sense that the left-hand end-hand sense of 2003 was lacking; (b) it was judged that the Plaintiff could move to the left-hand end-hand part of the right-hand part of the hospital after treatment; (c) it was judged that the Plaintiff could move to the walking and independently with minor help; and (d) the parts and degree of brain images’s illness; (d) the Plaintiff’s daily living behavior was performed in one’s perfect part and most of the daily life activities; (e) but falls under class 6 of brain disease disorder in the state where there was a harsh or abnormal treatment.
(hereinafter “former Disposition”) C.
On August 6, 2013, the Plaintiff filed an objection against the instant previous disposition with the Defendant, but the Defendant dismissed the Plaintiff’s objection on September 13, 2013.
On December 9, 2013, the Plaintiff asserted that the previous disposition of this case was unlawful, and filed a lawsuit with the Seoul Administrative Court for the claim for revocation of a disability grade examination (2013Guhap29933), and on May 1, 2015, the above court rendered a judgment revoking the previous disposition of this case on the ground that “the Plaintiff is unable to perform his/her daily activities with walking and most daily activities without any other person’s aid, but it is reasonable to view that he/she is a person (class 5) whose revised detona index is 81 to 90 points.” The above judgment became final and conclusive on May 19, 2015.
(hereinafter referred to as “the final judgment of this case”). (e)
On September 23, 2015, according to the final judgment of the instant case, the Defendant rendered a judgment on the disability grade 5 to the Plaintiff.
(hereinafter referred to as “instant disposition”) . [The grounds for recognition] dispute.