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(영문) 대전지방법원 2020.08.19 2019구합105060
장애정도결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Grade III (Initial Registration) on June 16, 201 - Grade V (Unfunctional) - 5 on June 19, 201 - December 201, 201:

A. On June 16, 201, the Plaintiff was first registered as a person with a disability of grade 3 with a delay disability of grade 1, 2011, and the degree of disability has changed as follows:

B. Around October 2015, the Plaintiff filed an application for the adjustment of a disability grade with the Defendant on February 19, 2014, and the Defendant rendered a decision on October 27, 2015 to the Plaintiff at the fourth degree (non-functional) and sent the written decision.

(hereinafter referred to as "previous Rating Determination") October 27, 2015.

On October 27, 2015, the staff in charge of Bdong Administrative Welfare Center, which had jurisdiction over the plaintiff's domicile at the time of the previous grade determination, entered the " class 5 of Bdong Administrative Welfare Center", which is the plaintiff's existing disability record, in the computer system, as a misunderstanding, even though it is necessary to process the records of the plaintiff's previous disability.

As a result, the plaintiff was computerizedly entered into a comprehensive grade 3 determination by adding duplicate disorders (hereinafter referred to as the "determination of disability grade 3") and the certificate of registration of persons with disabilities stated in grade 3 is also issued.

On March 26, 2019, the Plaintiff filed an application for the adjustment of a disability with the Defendant accompanied by a medical certificate, medical opinion, etc.

(hereinafter “instant application for conciliation”). E.

On April 30, 2019, the Defendant determined the Plaintiff’s disability grade to the fourth degree (non-performance function) and notified the Plaintiff thereof.

(hereinafter referred to as the "disposition of this case"). / [The ground for recognition / [including the Serial Nos. 1 to 4 (including the Serial No.), Eul's 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 201, 201, the Plaintiff asserted that he/she received a decision of grade 3 with delay disability from the Defendant, and the welfare card issued on May 25, 2016 also indicated it as class 3 with delay disability.

Nevertheless, the defendant does not have any basis for the plaintiff.

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