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(영문) 서울행정법원 2018.05.03 2016구합84351
장애등급 비해당결정처분 취소 청구의 소
Text

1. On October 5, 2016, the Defendant’s decision on non-conformity with a disability grade rendered against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. After having undergone a traffic accident on February 13, 2008, the Plaintiff was subject to the final diagnosis by the Complex Madern Hospital (hereinafter “the instant injury and disease”).

B. The Plaintiff filed an application for registration of a disabled person with respect to the Defendant on the ground that he/she was unable to function as a bridge under the instant injury, and the Defendant requested the National Pension Service to conduct a precise examination pursuant to Article 32(6) of the former Welfare Act (amended by Act No. 14562, Feb. 8, 2017; hereinafter “Welfare Welfare Act”) and Article 20-2 of the Enforcement Decree of the Welfare Act.

C. On October 5, 2016, the Defendant notified the National Pension Service of the results of the examination of “matters of examination decision” as follows, and subsequently determined the Plaintiff’s failure to perform the functions of a bridge based on the instant injury and disease.

In accordance with the "Criteria for Determination of Disability Ratings" of the contents of the examination and decision on the Welfare of Persons with Disabilities, where the gravity of a body or bridge has deteriorated due to damage to the heavy ebalism or the ebbal system, fals, fals, etc. in spine, or fals, it shall be determined as functional disorder according to the degree

It is necessary to include each loss or a disability caused by pain, and the negoological loss and the examination opinion shall be consistent with each other.

The whole strength of one bridge is not functionally functional but it is class 5 if it is possible to move to some extent.

The gravity of both sides of the medical records and opinions submitted are class 4-5, and the main symptoms are not recognized as math to the extent that they fall under the grading standards in consideration of the pain point, the results of the examination of the neighboring map, the progress of treatment, etc.

Therefore, it shall be judged separately from the grade.

The main contents of the overlapping aggregate decision (class VI) shall be subject to the comprehensive disability [class VI] subject to the decision of combined inclusion, and the purport of the whole pleadings and arguments, without any dispute, Gap's evidence 1, 2, Eul's evidence 2, and the purport of the whole pleadings.

2. Whether the disposition is legitimate; and

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