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(영문) 수원지방법원 2018.11.23 2018구단1491
장애등급외결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. (1) On September 6, 2010, the Defendant rendered a new decision on the disability grade 3 with respect to the Plaintiff, and thereafter determined the disability grade every two years. Accordingly, on November 19, 2012, the Defendant rendered a decision on the disability grade 3 with respect to the heart disability 3, and on February 29, 2016, with respect to the disability grade 2 with respect to the heart disability.

She, however, on March 20, 2018, the Defendant rendered a decision on the grade of the heart disability to the Plaintiff on the following grounds.

The reason for decision: In light of the degree of symptoms of cardiopulmonary disease (2 points), scarcity (5 points), chest X-ray (2 points), heart (3 points), heart surgery and arbitral procedure pathology (3 points), hospitalization and the frequency of hospitalization within the last nine months (0 points) and the medical treatment path (3 points), etc. as a result of a review of the disability examination certificate submitted, the medical record area, video medical examination, etc., the total score of cardiopulmonary disorder is less than 20 points, and it does not fall under the grade criteria (20 points or more).

【Facts without dispute over the ground for recognition, evidence Nos. 1 and 3, evidence No. 1, and the purport of the whole pleadings

2. (i) Article 2(2) of the Act on Welfare of Persons with Disabilities provides that the type and standard of disability shall be prescribed by Presidential Decree. Article 2(2) of the Enforcement Decree of the same Act provides that the degree of disability shall be classified according to the degree of disability and the grade shall be determined by Ordinance of the Ministry

In the attached Table 1 of Article 2(1) of the Enforcement Rule of the Act on Welfare of Persons with Disabilities, the disability grade is defined as follows in the category of "10."

The failure of the chief of the first instance court's functions shall continue, and even at the time of stability, the failure of the chief of the second instance court's functions of a person who needs full-time care (limited to a person who has been diagnosed as a heart disease for at least one year; hereinafter the same shall apply) due to the full loss of his/her ability to exercise due to his/her ability to exercise, and his/her activities surrounding his/her body may be limited to a certain degree, but the severe disorder or a suplice disorder shall be presented as a result of his/her activities.

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