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(영문) 서울행정법원 2014.05.20 2013구합61036
장애등급결정처분 취소
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. On July 28, 2004, the Plaintiff was diagnosed with Alleypathosis in around 2003, and was registered as a physically disabled class 5 due to the restriction on physical transfer on the left-hand hand.

B. According to the results of the review notified by the Defendant to the National Pension Service, a specialized institution for disability grade review upon request of the Plaintiff’s disability grade review, the Defendant, on September 20, 2012, determined the Plaintiff’s disability grade as “non-grade” on the ground that “the Plaintiff’s disability grade is a “non-grade grade” on the ground that the Plaintiff’s disability grade is a physical disability (e.g., loss of the number of stories, terminal boundary, or the flag’s symptoms, etc. (e., the flag class No. 3); and that the flag loss, or pain pain. According to the written opinion submitted, the Plaintiff’s disability grade was determined as “non-grade grade” on the ground that the Plaintiff’s disability grade is a physical disability (e.g., the flag class No. 3); and that the Plaintiff’s disability grade was a part of the flag’s remaining left-hand part of the examination result.

(hereinafter “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Seoul Special Metropolitan City Administrative Appeals Commission dismissed it on June 24, 2013.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has almost lost the sports function near the left-hand side and thus has a difficulty in daily life, and is also supported by a medical specialist's disability diagnosis or opinion.

Therefore, the degree of the plaintiff's disability is at least 1.B. of the Enforcement Rule of the Welfare of Disabled Persons Act.

The disposition of this case that determined the Plaintiff’s disability grade as “out the class” is unlawful, although it is deemed that the Plaintiff’s disability grade constitutes “persons with serious disabilities in the public function of the entire fingers of one hand” as prescribed in class 3(4).

(b) relation.

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