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(영문) 인천지방법원 2017.04.28 2016구합51904
장해등급결정처분취소
Text

1. On February 1, 2016, the Defendant revoked the determination of the disability grade 5 on the part of the Plaintiff on February 1, 2016.

2...

Reasons

1. Details of the disposition;

A. On January 7, 2016, the Plaintiff filed an application for the registration of a disabled person with the disability on the ground of the left-hand side of the brain color with the Defendant, and on the same day, the Defendant requested the National Pension Service to conduct a precise examination of the Plaintiff’s brain disease disability ratings.

B. On January 28, 2016, the National Pension Service Reviewed the Plaintiff’s medical records, the medical certificate of disability, the medical certificate of brain disease, and the medical opinion of the brain disease, etc. on January 28, 2016, based on the degree and scope of the paralysis caused by brain’s climatic disease, the ability to perform the act of walking and daily activities due to the deterioration of the function of the arms and legs depending on whether or not there is an unclaimed movement. According to the medical records records, the Plaintiff is able to move independently and walk. Under the medical records, the remaining part of the left part can perform an act related to personal hygiene with minor assistance of about 25% to 50% of the normal part of the ability, and it was confirmed that he/she can take a bath, take clothes or get off with the brain image data, and added the parts, degree, and progress of the climatic disease that can be known to him/her, and the Plaintiff’s performance of the Plaintiff’s daily life without his/her action is deemed to constitute “when the Plaintiff’s performance without his/her action.”

C. The defendant is the National Pension Service.

On February 1, 2016, the results of the precise examination indicated in the paragraph were invoked, and notified the Plaintiff of the determination of disability grade 5 on the brain disease’s disability grade (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is that the Plaintiff’s disability status constitutes a disability grade 5 with the degree of a 3rd degree of brain disease pursuant to the relevant laws and regulations, but otherwise, the instant disposition that determined otherwise constitutes a disability grade 5 with the brain disease.

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