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(영문) 서울행정법원 2017.01.13 2015구합9490
장해등급결정처분취소
Text

1. The determination of the third degree of disability under the Act on Welfare of Persons with Disabilities, which the Defendant rendered to the Plaintiff on August 13, 2015, shall be revoked.

Reasons

1. On August 13, 2015, the Defendant rendered a decision of Grade III mental disorders to the Plaintiff on August 13, 2015, on the following grounds: (a) on the ground that the National Pension Service, as an entrusted examination institution, was found to have shown voice in the medical record area for the first year immediately preceding the disability examination, but did not have any personality change or satisfy; (b) was judged to be in need of satisfic support from at least three of the six categories of criteria for determining disability caused by functional disorder and ability disorder;

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Eul’s evidence Nos. 1 through 6, and the purport of the whole pleadings.

2. In light of the following facts and circumstances, as to whether the instant disposition is legitimate, Gap evidence Nos. 1, Eul evidence Nos. 6, and the result of physical appraisal against the plaintiff, the plaintiff is deemed to have a significant personality change, and since the scale of GAF is deemed to fall under a person who is almost unable to lead his daily life without a full help from his surrounding area due to a malfunction of not more than 30 functions and ability, Article 2(2)2 of the Welfare of Persons with Disabilities Act, Article 2(2) of the Enforcement Decree of the same Act, Article 2(2) of the Enforcement Decree of the same Act, and Article 1 [Attachment Table 1] of the Enforcement Rule of the same Act, the Ministry

7. (5) It is difficult to deem that a person falls under class 3 according to the standards for disability grade.

① In 200 and 2002, the Plaintiff received the first-class mental disability decision, but the Defendant recognized the Plaintiff’s medical record that “Physical, Report, and Official Records” was written in the Plaintiff’s medical record book, and recognized the Defendant as a sporadic assistance in performing one’s daily life due to a functional disorder and ability disorder.

② However, according to the result of physical appraisal against the Plaintiff, (i) considering the Plaintiff’s mental symptoms, personality changes, escape, damage network, exchange, and aggressive aggressive phenomena, etc., the scale of the GAF shows considerable functional and ability not exceeding 30,000.

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