(영문) 서울행정법원 2015.11.12 2015구합68819

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Reasons

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자간(%)

(영문) 서울행정법원 2015.11.12 2015구합68819

장애등급결정처분취소

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. On March 13, 2015, the Plaintiff requested the Defendant to review the rating of visual disability, along with a certificate of disability and a statement of visual disability with the following contents written by the department B within the Seoul Asan Hospital.

Type of disability: The name of the father of a visual disability or the name of a disease: The eyesight - 0.1, 0.1/Correctionary eyesight - 1.0, 0.0, and 0.3 opinion of the east 0.3: The maximum correction eyesight is 1.0, 00, 000, 000, and the left-hand side of the east 1.0,000, 000,000,0000,0000,000,0000,0000,000,000,000,000,000,000,000, 000,000,000,

B. On March 23, 2015, the Defendant: (a) requested the National Pension Service, a specialized institution for disability grade review to examine the Plaintiff’s degree of disability; and (b) notified the Plaintiff of the result; and (c) determined the Plaintiff out of the class

(hereinafter “instant disposition”). The visual disability in the standards for disability ratings shall be determined based on the determination of whether the visual disability is appropriate for the reduction of eyesight through the performance of a bronology test, a bronology test, and a cronology test when there is a significant fall in eyesight compared to the objective visual state.

If the eyesight of a eyesight is not more than 0.02 (class 6) or the eyesight of a good eye is not more than 0.2 (class 5), it falls under the minimum standard for disability ratings, and the eyesight shall be judged based on the maximum corrected eyesight.

The maximum calibration of both eyess are written in 1.0 and 0.3 of the left, and considering the progress of treatment and eumatic photographs, etc., the degree of disability of both eyes does not fall under the minimum grade criteria.

Therefore, in light of the standards for disability ratings, a grade should be determined because the eyesight of a good eye does not exceed 0.2 and “the eyesight of a bad eye does not exceed 0.02”.

C. On April 17, 2015, the Plaintiff appealed to the Defendant.

The defendant shall be the National Pension Service.

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