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(영문) 서울행정법원 2020.05.13 2019구단61000
장애등급외결정처분취소
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 26, 2016, the Plaintiff suffered injuries, such as thropical typulmatization of a bus and freight, brupted on the right-hand edge, brupt damage of non-bregal and bropical disorder, external stress disorder, brupt, etc., due to the occurrence of an accident that collision between bus and freight.

B. On October 26, 2016, upon filing an application for the registration of disabled persons with the Defendant, the Plaintiff received a determination of class 6 of the disability grade in the field of the unpaid disability grade (i.e., at least 75% but less than 90% of the normal conditions).

C. On October 26, 2018, the Plaintiff requested the Defendant to examine the disability grade for the purpose of determining the disability grade, and the Defendant requested the National Pension Service to examine the Plaintiff’s degree of disability.

According to the National Pension Service’s disability grade, on December 21, 2018, the Defendant rendered a decision in excess of the disability grade (hereinafter “instant disposition”). D.

On January 28, 2019, the Plaintiff filed an objection against the instant disposition with the Defendant, and the Defendant requested reexamination to the National Pension Service.

On February 21, 2019, the National Pension Service rendered a decision in excess of the disability grade to the plaintiff on February 21, 2019.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Gap evidence 2 and 3, each of the statements, 2, and 5 through 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion not only limits the scope of movement of approximately 63% on the right satisfaction part of the plaintiff's claim, but also it falls under class 4 due to non-fel and flachial damage, and there exists a restriction on movement due to flachising, pain and flachi on the right kne, and there is a restriction on movement due to flachising, pain and flachising, which is reduced compared to the left part as the upper part, after the upper part of flachisizing the upper part of the flachis, and as the flachis of the upper part of the upper part of the flachis that was cut down, they are combined with flachising with the upper part of the flachis.

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