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(영문) 서울행정법원 2019.11.27 2018구단74481
장애등급외결정처분 취소청구의 소
Text

1. The Defendant’s decision on April 25, 2018 against the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Around January 2018, the circumstances leading to the determination of the non-degree of disability (i.e., the Plaintiff (B male) applied for the registration of disabled persons to the Defendant. On February 28, 2018, the Defendant notified the Plaintiff of the determination of non-grade of the National Pension Service as follows:

After reviewing the disability diagnosis certificate and data submitted, the ability of the entire of each bridge is not lower than Grade 3 or not higher than the degree of disability in light of the performance of the function of both sides, the degree of walking, the aspects of movement, etc. on the data additionally submitted.

② On March 26, 2018, the Plaintiff filed an objection against the Defendant regarding the result of the examination. However, on April 25, 2018, the Defendant notified the Plaintiff of the determination of the lower grade by the National Pension Service as follows:

(hereinafter referred to as “instant disposition”). After reviewing and reviewing the data submitted, the results of the review conducted in January 2017, 2017, he/she was diagnosed with the vertebrops escape and the culp removal of diskss for the spine MRI’s test, and was performed an operation (social pressure and disc removal), and entered in class 4-4-( normal class 5) in the outer record book, the right side strength on the right side on the outer record page after he/she was on the bicycle in April, and in May, when he/she was on the right side buckbucks and appeal, the bucks inconvenience and pains of bucks on each side during the spine ray examination due to a recurrence of spine disease (vertee fixed and chronic pressure) in accordance with the spine culelim when he/she walked, etc., and the results of his/her school deterioration after the operation are not verified, and he/she was on a bend or bend.

In the event of a situation, the pain of the bridge and low symptoms, the quantity of pedestrian rehabilitation treatment and the body room in August 2017, the opinion of August 1, 2017, and the 5th degree of 4th class, 5th class, 5th class, 5th class, 5th class, 5th class, 5th class, 5th class, 5th class, 5th class, 5th class, and 5th class of the left-hand bridge (high gate/ knee-shacking, and it is considered necessary to observe the progress continuously after the drilling."

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