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(영문) 서울행정법원 2020.08.13 2019구단73553
장애등급외결정 처분 취소
Text

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 May 6, 2009, the Plaintiff registered as a person with a disability in the sixth degree due to a delay disability (verteeeb), and applied for registration of delayed disability and adjustment of disability ratings to the Defendant on January 3, 2019.

B. On February 19, 2019, the Defendant: (a) determined that the Plaintiff’s delay in the top function as a grade 5 grade 1 with respect to the Plaintiff; and (b) determined that the Plaintiff’s delay in the top of the left-hand side of the newly registered part and the previous invertebife disability were to be considered to fall under the degree of disability; and (c) rendered a decision to adjust the portion of the Plaintiff’s delay in the left-hand side and the previous invertebife disability to class 4 (hereinafter “instant disposition”).

C. The Plaintiff filed an objection against the Defendant on February 20, 2019, but the Defendant dismissed the Plaintiff’s objection on March 19, 2019 for the following reasons.

- The non-functional disorder shall be determined only when it obstructs the physical function of arms and legs as a whole by marina and only when it is judged that the degree of mathy of arms and legs as a whole is below class 3 ( normal class 5), the degree of mathy of the arms and legs as a whole is not functional, and it does not include a sense loss or mathic disorder, but must be consistent with the body showing neological deficit and the opinion of inspection.

As a result of the review and review of the submitted data, it is indicated that the stick is possible to walk on the left-hand side by the light of the light of the certificate of disability diagnosis, but the left-hand bridge is not recognized as having a math opinion to the extent that it falls under the disability when considering the degree of the root and function of the left-hand side in the medical record area, the degree of movement on the other data submitted in January 2019, the movement to the left-hand side, such as the movement of the stick, the movement of the flash, the flash, etc. inverte MRI, the volume and degree of the flash damage, the result of the flash test, the treatment progress, etc.

The plaintiff on March 26, 2019.

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