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(영문) 부산지방법원 2016.07.14 2015구합23077
장애등급결정처분취소
Text

1. On April 17, 2015, the Defendant revoked the determination on the disability grade 6 on the brain lele of Korea with respect to the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

On May 27, 2014, the Plaintiff applied for the registration of a disabled person. On July 8, 2014, the Plaintiff completed the registration of a disabled person upon receiving a determination of disability grade 6 from the Defendant for brain-disease disability.

On September 29, 2014, the Plaintiff filed an application for disability grade adjustment with the Defendant, and the Defendant requested the National Pension Service to examine the degree of disability of the Plaintiff and determined the Plaintiff’s degree of disability on November 4, 2014 as class 6 and notified the Plaintiff on November 12, 2014.

On November 17, 2014, the Plaintiff filed an objection against the above decision with the Defendant, and the Defendant, following a review by the National Pension Service, determined the class of the Plaintiff’s brain disease disability as class 6 on December 11, 2014, and notified the Plaintiff on December 16, 2014.

The plaintiff filed an administrative appeal seeking revocation of the above decision with the Busan Metropolitan City Administrative Appeals Commission, but the Busan Administrative Appeals Commission dismissed the plaintiff's appeal on February 24, 2015.

On February 26, 2015, the Plaintiff filed an application for disability ratings with the Defendant on February 26, 2015, and the Defendant, following a review by the National Pension Service, determined the Plaintiff’s class of brain-disease disability as class 6 on April 17, 2015 on the ground that the Plaintiff’s performance of the walking and most daily actions on April 14, 2015, but the Plaintiff was confirmed to have a brupted time during which the Plaintiff performed harshly or was in an abnormal situation.

(hereinafter “instant disposition.” On April 27, 2015, the Plaintiff filed an objection against the foregoing order with the Defendant, but the Defendant, on May 29, 2015, determined the Plaintiff’s class of brain-disease disability as class 6, and notified the Plaintiff thereof around that time.

[Grounds for recognition] The plaintiff's assertion of legitimacy of the disposition of this case as a whole by the plaintiff's assertion of facts without dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 through 12 (including numbers), and the whole purport of the argument is legitimate.

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