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(영문) 춘천지방법원강릉지원 2015.07.02 2014구합213
장애등급결정취소청구의소
Text

1. On June 12, 2014, the Defendant’s disposition of grade 3 with respect to the Plaintiff’s disability grade is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On August 7, 2008, the Plaintiff registered as a disabled person with a third level judgment on a mental disorder by the Defendant. On September 17, 2010, the Plaintiff was tried as a second level of mental disorder. On November 6, 2013, the Plaintiff was tried as a third level of mental disorder.

On November 8, 2013, the Plaintiff filed an objection and requested a re-rating determination. However, on December 2, 2013, the Defendant determined the re-rating Plaintiff as the third level of mental disorder.

B. On February 3, 2014, the Plaintiff applied for the adjustment of a disability grade to the Defendant, but the Defendant determined the Plaintiff as a mental disability Grade III on March 6, 2014.

Accordingly, the plaintiff filed an administrative appeal on March 20, 2014, and the Gangwon-do Administrative Appeals Commission dismissed the plaintiff's claim on April 28, 2014.

C. On June 11, 2014, the Plaintiff again filed an application for the adjustment of a disability grade with the Defendant, and the Defendant determined the Plaintiff as the third degree of mental disability on the following grounds:

(hereinafter referred to as the "disposition in this case"). Considering the mental symptoms, treatment progress, drug taking degree, other data, etc. in the disability diagnosis report and medical record area, mental disorder 3 level 3 or more of the six items of the criteria for determining capacity disorders are deemed to be in need of sporadic assistance in the event that there is not serious personality change or escape, and thus, mental disorder 3 or more of the six items of the criteria for determining capacity disorders is deemed to be necessary. In a case where there is a sporadic support in the event of mental division, but there is not serious personality change or escape, it is necessary to provide sporadic assistance in at least 3 of the six items of the criteria for determining capacity disorders due to function and ability disorder, and GAF scale scores scores are at least 51, but not more than 60 points, 51, and less than 51, 3, 1, 2, 4, 5-1, 2, 7-2, 8-1, 8-2, and 8-1.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion falls under the second degree of mental disability due to a mental division, and the adjustment of the disability grade.

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