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(영문) 청주지방법원 2016.09.01 2016구합280
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 March 29, 2013, the Plaintiff: (a) caused cerebral chrofa; (b) caused symptoms of the right flafa; and (c) thereafter, registered as a disabled person at class 5 of cerebral chrofa

B. On the other hand, on October 2, 2015, the Plaintiff requested the Defendant to examine the disability grade judgment. On November 9, 2015, the Defendant rendered a decision on November 2015 on the Plaintiff’s disability as a result of the National Pension Service’s disability rating (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion needs to assist most of his daily lives except for the alteration, interruption, and walking. As such, it constitutes "where the plaintiff is unable to complete the daily life of a loan," which is the level of disability of class 5 in light of the disability grade criteria for disability ratings, constitutes "where the plaintiff is unable to complete the daily life of a loan," and the revised detona index was measured with 87 points, and even if the plaintiff was suffering from a serious disability, the disposition of this case judged as class 6 should be revoked by illegality.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) On October 1, 2015, 2015, 2015, 201: (a) B Hospital NIE assessed the Plaintiff’s modified deel index (a tool to assess disability by checking the ability to perform walking and daily activities) as 87 points corresponding to the disability grade 5 in the disability grade standard; and (b) the mobile items were assessed as 12 points (insignificant assistance). (c) The Defendant requested the Plaintiff to review the disability grade from the Plaintiff on October 2, 2015, and requested the National Pension Service to examine the disability grade; and (d) the foregoing Corporation, as a result of the disability grade assessment, requests the examination to examine the disability grade to the Plaintiff; (e) the degree of disability level 4 grade (75% in normal; (e) the degree of walking with the independence; (e) the number of walking with the exception; (e) the number of outstanding and variable materials with the minor slope; and (e) brain image materials.

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