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(영문) 수원지방법원 2020.02.14 2018구합71824
장애인등록거부처분취소
Text

1. The Defendant’s rejection disposition against the Plaintiff on October 22, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

On September 2018, the Plaintiff applied for disability ratings to the Defendant on the ground that there was visual disability in both eyess.

According to the criteria for disability ratings, the eyesight shall be based on the maximum corrected eyesight measured by all kinds of visual devices, including eye and contact lensess, and if there is a significant fall in eyesight compared to the objective visual condition, the visual disability shall be determined by considering whether it is appropriate to reduce the eyesight by conducting a crypology test, a crypology test, and a visual crypology test.

It is not recognized as a view that the level of disability falls under the disability grade in consideration of the status of the change of the type of disability, the result of the Saryaryary Saryaryary of Saryary of Saryary of Saryary of Saryary of the National University, etc. submitted.

On October 19, 2018, the Defendant rendered a decision on the extra-grade disability grade to the Plaintiff on the following grounds:

(2) The Plaintiff’s assertion as to the legitimacy of the instant disposition falls under class 1 of the Act on Welfare of Persons with Disabilities and the Act and subordinate statutes on Welfare of Persons with Disabilities, on the ground that the Plaintiff’s assertion as to the legitimacy of the instant disposition falls under class 1 of the Act on Welfare of Persons with Disabilities and the Act and subordinate statutes on Welfare of Persons with Disabilities.

Therefore, the instant disposition should be revoked in an unlawful manner on the premise that the level of disability of the Plaintiff does not meet the minimum level of visual disability.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

According to the attached Table 1 of Article 2(1) of the Enforcement Decree of the Act on Welfare of Persons with Disabilities and the attached Table 1 of Article 2(1) of the Enforcement Rule of the Act on Welfare of Persons with Disabilities, the visually impaired means a person with a high-quality visual vision (referring to a measurement by a certified visual chart, and based on the maximum corrected visual force for persons with at least 0.02.

In addition, Article 2(2) of the Act on Welfare of Persons with Disabilities and Article 2 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities.

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