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(영문) 춘천지방법원 2015.12.23 2014구합1350
장애등급결정처분취소
Text

1. The Defendant’s decision on July 11, 2014 against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On June 11, 2014, the Plaintiff submitted a disability diagnosis certificate, psychological evaluation report, etc. to the Defendant, and filed an application for registration of class 3 of disability on the ground of self-pulmonary disability.

B. Accordingly, the Defendant requested the National Pension Service to conduct a precise examination on the degree of the Plaintiff’s disability, and determined otherwise as a result of the National Pension Service’s examination, the Defendant rendered a decision on July 11, 2014, other than the class of the Plaintiff’s disability (hereinafter “instant disposition”).

C. The Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal with the Gangwon-do Administrative Appeals Commission, but was rendered a dismissal ruling on September 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7 and 18, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the intelligence index is somewhat high, but the plaintiff must accompany the plaintiff to his/her guardian in the ordinary school, and the socialization area is merely a kindergarten student level, and the GAS scale score was diagnosed before and after 30 points.

Therefore, since the Plaintiff’s self-harm disability grade falls under class 3, the instant disposition that deemed otherwise constitutes an exception to class is unlawful.

B. Article 2(2) of the Act on Welfare of Persons with Disabilities delegates the type and standard of disability to the Presidential Decree, and Article 2(2) of the Enforcement Decree of the Act on Welfare of Persons with Disabilities classify the degree of disability according to the degree of disability and delegates the degree to the Enforcement Rule of the Act on Welfare

Article 2(1) and [Attachment 1] of the former Enforcement Rule of the Welfare of Disabled Persons (amended by Ordinance of the Ministry of Health and Welfare No. 343, Aug. 3, 2015) of the Act on Welfare of Disabled Persons (amended by Ordinance of the Ministry of Health and Welfare) classify the degree of disability according to the type and degree of disability. Article 2(2) of the said Enforcement Rule provides that the Minister of Health and Welfare may determine and publicly notify the specific criteria for determining disability ratings, and accordingly, the Ministry of Health and Welfare’s announcement on Nov. 4, 2015 is amended by Ordinance of the Ministry of Health

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