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(영문) 광주지방법원 2016.08.25 2015구단10783
장애등급결정처분취소
Text

1. The Defendant’s disposition of non-grade grade against the Plaintiff on April 6, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of disposition;

A. On March 2015, the Plaintiff filed an application for the registration of a disabled person with the view to deeming that the vision of the Plaintiff was only 0.02 (Preferential 0.6) due to the symptoms of the Pleepia, and the Defendant requested the National Pension Service to examine the disability, and accordingly, the Defendant rendered a decision out of the grade on April 6, 2015 (hereinafter “instant disposition”) on the ground that, according to the results of the examination, the Plaintiff did not have any opinion that it is deemed that the vision of the Plaintiff aggravated to the degree that it falls under the disability grade after the measurement of 0.1 on January 2013 (hereinafter “instant disposition”).

B. The Plaintiff appealed and filed an administrative appeal, but Gwangju Metropolitan City Administrative Appeals Commission dismissed the appeal on July 28, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Gap's evidence 5, the purport of whole pleading, and the purport of whole pleading

2. Whether the instant disposition is lawful

A. The instant disposition based on a different premise is unlawful, even though the Plaintiff’s opportune certificate constitutes class 6 of the disability grade because the Plaintiff’s opportune certificate was merely 0.02.

(b) as shown in the attached Form of the relevant statutes;

C. The facts of recognition 1) 1) A copy of the medical record of the Seoul Trisung Hospital’s medical record on February 1, 2012 - Medical record physical examination - 0.02 on the left-hand side of the Ministry of Postal Affairs 0.02 on the left-hand side of the Ministry of Postal Affairs 0.03 on June 1, 201 of the Nari-si Mari-si Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ried 0.03 on the left-hand side of the Ministry of Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ried 0.01 address on January 30, 2013.

Medical record physical examination of August 25, 2014 at 0.6-1 unit of Postal 0.6-1 unit of Postal 0.2014 - Medical record physical examination of 0.15 unit of 0.03 unit of 0.03 unit of 0.5 unit of 0.02 unit of 0.02 unit of 0.5 unit of 0.02 unit of 0.5 unit of Postal Postal Postal Postal Postal Postals: Medical record of the body of 0.01 unit of 0.01 unit of 0.01 unit of 0.01 unit of 0.5 unit of 0.02 unit of 0.02 unit of Postal Postal Postal Postal Postal Postal Postal Postal Postal Postal Postal Postals: the medical record of Postal Postal Postal Postal Postal Postal Postal Postal Postal Postals

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