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1. The Defendant’s disposition of determining a disability grade against the Plaintiff on May 24, 2017 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On January 3, 2012, the Plaintiff received the diagnosis of “self-exploital cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral tion” from the Defendant, and filed a claim for disability benefits with the Defendant on August 2016 after receiving medical treatment approval.
B. On August 26, 2016, the Defendant rendered a disposition to determine the Plaintiff’s disability grade under class 5 No. 8.
C. Upon receipt of a request for review on March 2, 2017, the Plaintiff filed a request for review on May 19, 2017, and the Defendant rendered a decision to revoke the instant disposition on May 19, 2017, and on May 24, 2017, the Defendant rendered a disposition on the Plaintiff’s disability grade (hereinafter “instant disposition”) under class 3, which corresponds to “a person who is not able to engage in labor for his or her life due to considerable impediments to the function or mental function of his or her psychosis.”
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 3-1, 2, Gap evidence 6, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the plaintiff's assertion is that the plaintiff's disability status is not possible to walk with the left-hand horse, wheelchairs, moving to the left-hand body, and it is essential to assist others in performing most daily activities, such as personal hygiene, bathing, sloping, use of toilets, etc. because it does not function as the upper-hand body, and thus, it falls under "a person who is required to attend any time due to a significant obstacle to the function or mental function of the new system" under Item 5 of Item 2 of the disability grade
Nevertheless, the instant disposition that determined the Plaintiff as the third grade of the disability grade is unlawful.
(b) Entry in the attached Form of relevant statutes;
(hereinafter “Industrial Accident Compensation Insurance Act”) C.
Judgment
1) The “person who is obliged to have an obvious obstacle to the function or mental function of the relevant nursing system from time to time” under subparagraph 5 of class 2 of attached Table 6 of the Enforcement Decree of the Industrial Accident Compensation Act shall be the function or mental function disorder of the relevant highly advanced neurosis.