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(영문) 의정부지방법원 2015.04.28 2013구합3158

장애등급결정취소처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a business taxi engineer, who was diagnosed by the climatic marism No. 4-5, 6-7, 6-7, and was diagnosed by the Gimana Hospital, the Gimana Hospital, and the Gimana Hospital’s base base and tension, and was diagnosed on August 30, 2012. The Plaintiff was diagnosed by the Gimana Hospital No. 4-5, 6-7.

According to the disability grade criteria, spinal disability is deemed to have lost all the physical functions of the division, and the division other than the fixed division, which is fixed, which combines spine with two or more apparatus that combines spine with ebrate with ebrate with ebrate with ebrate. On the other hand, ebrate ebrates, artificial disc insertingting, ebrate fixed, and vertebrate type, which are designed to allow a campaign in spine division, are not recognized as fixed ebrates. In light of submitted data, the state of implementing ebrates and ebrate insertions inserted with ebrates No. 4-5 and ebrate inserted with ebrate ebrate No. 5-6 is not recognized as a ebrate in accordance with the judgment criteria.

On March 19, 2013, the Plaintiff applied for the registration of disabled persons to the Defendant. However, on March 25, 2013, the Defendant rendered a decision on the grade of the Plaintiff’s delayed disability according to the results of the examination conducted by the National Pension Service as follows.

(hereinafter referred to as the “instant disposition”). The spinal disability in the judgment standard is limited to the case where the vertebrate disease is completely cut to a vertical vertebral disease or is fixed with pelvis, etc., and it is not deemed to be a fixed subdivision, such as artificial disc insertion, emulculation, and emulculation, which is designed to permit a campaign in the spine division. Based on the data submitted, the following results were found as a result of the review that the movement is restricted in the nature of emulculation in the state of natural oil in the light of the emulculation No. 5-6, but the emulculation of No. 4-5 and No. 6-7 is not a complete emulculation, and there is no specific emulculation, etc., included in the spine disability rating standard in the state of performing artificial disc insertion.