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(영문) 서울행정법원 2020.06.24 2019구단18303
장애미해당결정처분취소
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. The Plaintiff is registered as a person with severe disabilities under the Act on Welfare of Persons with Disabilities from September 30, 2014 to a person who has been continuously engaged in blood salutism or salutism for at least three months due to chronic renal failure for at least three months.

B. On October 22, 2019, the Plaintiff filed an application for the registration of disabled persons with physical disability as well as the extension disorder with the Defendant, and the Defendant requested a medical institution (B hospital) to examine the disability pursuant to Article 3(2) of the Enforcement Rule of the Act on Welfare of Persons with Disabilities. On October 19, 2019, the medical institution notified the Defendant of the diagnosis result that “the Plaintiff’s left-hand side has a considerable obstacle to walking in the form of the first arbing, the fourth arbing of the right-hand side, the second arbing of the right-hand side, and the third arbing of the third arbing part.”

C. In accordance with Article 3(4) of the Enforcement Rule of the Act on Welfare of Persons with Disabilities, the Defendant requested the National Pension Service to examine the Plaintiff’s level of disability, and on November 4, 2019, the National Pension Service notified the Defendant of an examination of the examination of the following: (a) on the ground that “the submitted medical certificate and X-Era image data, etc. were examined, and as a result, it does not constitute a minimum level of disability, as confirmed to be cut down only the second to the right-hand fall; and (b) it does not constitute a minimum standard of disability.”

On November 5, 2019, pursuant to Article 32 of the Act on Welfare of Persons with Disabilities and Articles 3 through 7 of the Enforcement Rule of the same Act, the Defendant, by reflecting the review opinion of the National Pension Service with respect to the Plaintiff, made a “decision on the amount of disability” (hereinafter “instant disposition”) on the following grounds.

According to the criteria for determining the degree of disability, the cutting disability shall be judged by confirming the cutting part as a simple X-ray shooting.

One bridge is lost at the bottom of a wooden spafrc joint and several of them, or the strict spafrc joint and several of them are lost at the bottom of the spafrc joint and several, or the other spafrc joint and several of them are lost at the bottom of the spafrc joint and several.

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