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(영문) 대구지방법원 2018.01.24 2017구합758
장애인등록거부처분취소
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 July 5, 2016, the Plaintiff issued a disability diagnosis certificate from a hospital B, and requested the Defendant to examine the disability grade on July 15, 2016.

- In light of the criteria for disability ratings, brain-disease disorder should be determined on the basis of the ability to perform pedestrian and daily action due to degradation of the function of the arms and legs due to the degree and scope of paralysis caused by the climatic disease of the brain, whether there is a movement of trees, etc., and the negoological deficit portion and the test dog identified as brain image data should coincide with each other.

- As a result of reviewing the certificate of disability and the data submitted, it is confirmed that the state of pedestrian disability caused by a cerebral disease before the outbreak of the cerebral disease in December 2015, and after the diagnosis of Alzine dementia, it is administered under the diagnosis of alzine dementia, it is not recognized as a brain disease that may cause the function of the arms and legs on brain image data, and the progress of treatment, it does not constitute the criteria for rating brain disease.

Accordingly, I shall be judged out of the class.

B. On August 30, 2016, the Defendant decided on September 3, 2016, based on the results of the National Pension Service’s examination by the National Pension Service, on September 3, 2016, on the following grounds:

(hereinafter referred to as “instant disposition”) . - Review of the submitted data, etc. - As a result of the review, the medical treatment was provided with acute brain color that occurred in December 2015 on the right-hand side of the medical certificate of disability ( September 2016), which was additionally submitted at the time of filing an objection, and is currently stated as a condition that is in need of maximum assistance from the guardian in all areas, but it does not constitute a cerebral disability disability rating because it is not recognized as a brain disease that may cause arms and legs for brain image data.

Accordingly, I shall be judged out of the class.

C. On September 30, 2016, the Plaintiff received a disability diagnosis again from B Hospital and attached it, and filed an objection against the instant disposition to the Defendant on November 24, 2016, but the Defendant again filed a further objection on December 19, 2016.

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