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(영문) 서울행정법원 2017.06.30 2015구합11660

장애등급결정처분취소

Text

1. The Defendant’s disposition of disability ratings rendered against B on July 31, 2015 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

B On December 18, 2009, the Seoul National University Hospital performed a Cheongpathy surgery with Cheongpatha (Vestula chwoma) and performed a wing type installation surgery on June 28, 2010, and on July 21, 2013, after receiving a diagnosis of the brain brain chiller, etc. on July 23, 2013, there was a mental retardation disorder, such as the recognition function low-class behavior, escape behavior, distribution, and lack of language ability.

B From the C Hospital on April 16, 2014 on March 14, 2014, as a result of the psychological evaluation and clinical examination conducted on March 14, 2014, the intelligent index 53, the social age 2.95, the social adaptation index 18.4, and the social adaptation index 18.4, which led to the diagnosis of the remaining disability that it is judged to be necessary for the surrounding support because of a significant decline in daily ability, vocational ability, and social adaptation ability due to the deterioration of functions, and registered as the disabled of class III with intellectual disability on May 14, 2014.

On March 27, 2015, the Plaintiff, a guardian’s spouse, applied for an examination on the adjustment of the above disability grade to the Defendant. On April 7, 2015, the Defendant determined a disability grade 3 of the same intellectual disability grade as the previous one with respect to B and notified the Plaintiff of the results of the examination on the same day.

On July 6, 2015, the Plaintiff filed an objection with the Defendant on July 31, 2015, but the Defendant determined the disability grade 3 of the next intellectual disability grade, on the same day, and notified the Plaintiff of the results thereof on the same day, on the ground that “Intelligent Index 49 or 49 on the disability diagnosis report and psychological evaluation report, and the intelligence index 53 on April 2014, is unable to verify objective opinions that may deteriorate intellectual disability, such as the cerebral alle, which was additionally registered after the registration of the intellectual disability 3 as the intellectual disability grade 53, and the higher disability rating cannot be recognized in light of the medical condition and degree of the brain images, and the process of recognition and rehabilitation treatment.”

(hereinafter “Disposition in this case”). [This case’s Disposition ] without dispute, Gap’s 1 through 4, 8, 9, and Eul’s 4, and the purport of the entire pleadings is legitimate.