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(영문) 부산지방법원 2015.09.18 2014구합3236
장애등급결정처분 정정청구
Text

1. On July 3, 2014, the Defendant’s disposition of grade 4 with respect to the Plaintiff’s disability grade is revoked.

2...

Reasons

1. Details of the disposition;

A. A. Around July 2012, the Plaintiff was registered as a person with a disability of class II with a delay disability, and the Defendant provided guidance for the determination of disability grades to the Plaintiff pursuant to Article 32(3) of the Act on Welfare of Persons with Disabilities and Article 7 of the Enforcement Rule of the same Act upon the arrival of the deadline for the reexamination of disability grades on April 18, 2014.

B. On May 12, 2014, the Plaintiff was diagnosed by the medical specialist in the department of rehabilitation in the Incheon National University of Busan National University as “the cause of disability” and “the opinion of the doctor of diagnosis” and “the opinion of the doctor of diagnosis”, in the case of the upper part of the body, to the extent that the two arms can move at the end of the body (class 2), and in the case of the failing, the two legs cannot move at all at the end of the math (class 0, 1), and applied for disability rating by attaching the above disability diagnosis document on the 13th day of the same month.

C. Accordingly, on May 23, 2014, the Defendant requested and notified the National Pension Service, a specialized institution for disability grade review to the National Pension Service (hereinafter “National Pension Service”) of the Plaintiff’s disability grade, and notified the Plaintiff of the decision at grade 4 “the Plaintiff’s physical disability grade,” “the physical disability grade,” “the physical disability grade,” and “the physical disability grade 4”. On May 23, 2014, the Plaintiff filed an objection with the Defendant on May 23, 2014. The Defendant filed a request for a reexamination of the disability grade with the National Pension Service, but on July 3, 2014, the Defendant notified the Plaintiff of the decision at grade 4 “the physical disability grade,” “the physical disability grade,” “the physical disability grade,” and “the physical disability grade 4” (hereinafter “the disposition of this case”). [based] without dispute, the purport of the entire pleadings, and the purport of each evidence number Nos. 1, 2, 8, 9, and 1 through 4(a).

2. Whether the instant disposition is lawful

A. According to the data submitted by the Plaintiff, the Plaintiff’s functional disorder falls under the disability grade 2 and the disability grade 1 in the case of disability grade.

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