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(영문) 서울행정법원 2017.07.20 2016구합1837
장애등급결정처분취소
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 November 19, 2013, the Plaintiff, who was registered as a Grade V with a hearing impairment on November 19, 2013, requested the Defendant to set a disability grade trial on November 2015.

B. On December 3, 2015, the Defendant rendered a decision on the grade of the Plaintiff on the ground that the Plaintiff’s “to-work disability 5” was “to-work level 60% or more, respectively, and to-work level 6 above 80% or more (dB), the Plaintiff’s to-work level 6 constitutes “to-work level 60% or more,” and that the other ear’s to-work level 40% or more (dB). As a result of a comprehensive review of the certificate of disability, the result of the net negative test, and the result of the examination of opic brain response, the Plaintiff’s to-work level 30% or more on the right side (dB) and the left side 90% or more on the left side.”

C. The Plaintiff filed an objection against the foregoing decision, but the Defendant rendered a decision other than the grade on January 26, 2016, on the same ground as Paragraph (b) of the same Article.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 4, and Eul evidence No. 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. According to the medical certificate and opinion of the doctor in charge of treating the plaintiff's assertion, the disposition of this case is unfair since the plaintiff falls under the category of hearing disability.

B. Article 2(2) of the Act on Welfare of Persons with Disabilities delegates the type and standard of disability subject to application to Presidential Decree. Article 2(2) of the Enforcement Decree of the Act on Welfare of Persons with Disabilities classify the degree of disability and delegates the degree to the Enforcement Rule of the same Act.

Accordingly, Article 2(1) [Attachment 1] of the Enforcement Rule of the Act on Welfare of Persons with Disabilities divides the degree of disability according to the type and degree of disability. In the case of a hearing disability, if the two ear loss is at least 60 cc. (dB), the disability grade 5, the one ear's hearing loss is at least 80 cc. (dB), and the other ear's hearing loss is at least 40 cc. (dB), the disability grade 6.

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