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(영문) 수원지방법원 2020.04.24 2019구단6783
국가 장애등급 결정처분 취소의 소
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 February 24, 2011, the Plaintiff: (a) was killed in the process of performing work at the site of the repair work of a single-heirr repair work; and (b) was killed in the instant accident that fell on a bridge (hereinafter referred to as “instant accident”); (c) was inflicted on the Defendant, by video, both sides of the instant accident, such as the pelloge expenditure, and the post-treatment of the vise damage; and (d) subsequently, on November 2018, the Plaintiff filed an application for registration

B. On December 19, 2018, the Defendant: (a) requested the National Pension Service to review the Plaintiff’s degree of disability; and (b) determined the Plaintiff’s disability rating out of the disability grade (hereinafter “instant disposition”) on the ground that the Plaintiff’s performance of the examination results, the degree of walking on the record page, and the objective opinion to recognize the aggravation of disability status after the disability examination in 2016 is not confirmed; and (c) on the ground that the strength of the entire bridge is not recognized to be below Grade 3 and the degree of disability degree is not recognized to be restricted in both sides’ function.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s movement using wheel chairs because it is impossible to walk independently due to weakening of her ability due to damage to water, etc. after the instant accident, and the Korea Workers’ Compensation & Welfare Service also determines the Plaintiff’s disability grade based on the Industrial Accident Compensation Insurance Act, the Plaintiff’s disposition of this case that the Plaintiff did not constitute disability ratings under the Act on Welfare of Persons with Disabilities is unlawful, in light of the following: (a) in determining the Plaintiff’s disability grade, the part that the Plaintiff did not share due to damage to water by electrical images, and the part that the Plaintiff’s injury remains and is not likely to have a obvious obstacle to the function of the psychotropic system.

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