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(영문) 서울행정법원 2017.03.31 2016구합3345
장애등급결정처분취소
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. The Plaintiff is a person registered as a person with disabilities of Grade III with intellectual disability in 2002 and Grade IV with a comprehensive disability of Grade IV with a disability in 2002.

B. On July 17, 2015, in order to obtain activity support services for persons with disabilities, the Plaintiff requested a disability rating examination to the Defendant on or around July 17, 2015, and the Defendant decided on August 4, 2015 according to the results of the National Pension Service’s examination by the National Pension Service, and the Plaintiff filed an objection against the above decision, but the Defendant again decided on September 5, 2015 as a result of the National Pension Service’s reexamination.

(hereinafter “instant No. 1 Disposition”). (c)

On July 29, 2015, the Plaintiff requested the Defendant to review the disability grade with respect to cerebrovascularia, and the Defendant decided on August 24, 2015 according to the results of the National Pension Service’s examination by the National Pension Service. The Plaintiff filed an objection against the aforementioned determination, but the Defendant again decided on October 8, 2015 as a result of the review by the National Pension Service.

(hereinafter “instant Disposition 2”. The instant Disposition 1 and 2 together referred to as “each of the instant dispositions”). D.

The Plaintiff dissatisfied with each of the instant dispositions and filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission, but on March 21, 2016, the relevant claim was dismissed, and was notified to the Plaintiff on March 28, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2, Eul evidence 4 and 5, the purport of the whole pleadings

2. Each disposition of the Plaintiff’s assertion of this case must be revoked on the following grounds.

With respect to brain disease, it is unfair to make a decision on the brain disease level 5, since 2002, the plaintiff has been living at class 3 of intellectual disability and class 4 of brain disease disease.

B. In relation to cerebral typhism, the Plaintiff continues to use cerebral typhism with cerebral typhism, and even during medication, 3 to 4 times a month from 2006.

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