장애등급결정처분취소
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 March 31, 2014, the Plaintiff filed an application for registration with a disabled person with a doctor D belonging to the Tol University Seoul Mother Hospital attached with a disability diagnosis certificate, etc. prepared on March 27, 2014.
The defendant requested the National Pension Service to examine the degree of disability of the plaintiff and sent the data submitted by the plaintiff.
B. The National Pension Service shall examine the Plaintiff’s application for registration of disabled persons at the Advisory Council comprised of two advisory doctors, and the above Advisory Council reviewed the data submitted by the Plaintiff and requested the Plaintiff to supplement the data.
On April 23, 2014, upon the above request, the Plaintiff submitted the results of the inspection (Rwdata), the beginning, middle, high school life records (including the record table) to verify the degree of implementation of the BGT inspection (BGT) and the house- tree-person inspection (HTPP).
C. On May 9, 2014, the National Pension Service examined the data submitted by the Plaintiff, and notified the Defendant of the results of the examination on the ground that “The disability diagnosis and clinical examination report submitted by the Plaintiff is assessed at a level of a severe mental disorder with the Plaintiff’s intelligence index less than 30. However, considering the mental treatment progress and clinical therapy indicated in the Plaintiff’s medical records, the degree of living attitude and academic achievement shown in the Plaintiff’s school life records, etc., the Plaintiff’s disability condition is deemed to be a mental disorder.”
On May 12, 2014, according to the above review results, the Defendant rendered a decision out of the grade of intellectual disability to the Plaintiff.
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 3, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) A submitted a disability diagnosis report prepared on March 27, 2014 (the Plaintiff submitted a disability diagnosis report prepared by D on May 26, 2014) by a doctor D belonging to the Onlock Seoul National University Hospital, after inspecting the Plaintiff’s disability condition.