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(영문) 서울행정법원 2015.08.20 2014구합6166
장애등급재조정
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 was registered as a disabled person of Grade III with a mental disorder around 2012.

B. The Defendant requested the National Pension Service to examine the Plaintiff’s disability grade upon the arrival of the Plaintiff’s disability grade determination period, and the National Pension Service determined the Plaintiff’s mental disability grade 3.

According to the results of the examination by the National Pension Service, on January 2, 2014, the Defendant determined the Plaintiff’s disability grade 3 with mental disability as follows:

(hereinafter referred to as “instant disposition”) . - Mental disorders in the criteria for disability ratings are subject to the determination of disability ratings by ascertaining the present treatment condition, confirmation of the state of mental illness, mental disability caused by mental illness, and the state of mental disability caused by such mental disorder. - Persons with a 3rd degree of disability in a state of needing intermittent support due to their function and ability, where there are symptoms, such as a net, exchange, etc., in consideration of the mental symptoms in the submitted medical certificate of disability and the records of the progress, the degree of use of drugs due to symptoms, treatment progress, etc., but are not serious.

On April 2, 2014, the Plaintiff filed an objection against the instant disposition with the Defendant, but the Defendant rendered a decision on the disability grade 3 with the same purport as the instant disposition on April 23, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, Eul evidence No. 1 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was made in parallel with hospital treatment and drug clothes due to extreme symptoms since 2006, but the symptoms do not show, and even until now, the above symptoms continue to exist, and the decision-making alone cannot be made.

In addition, the type of the plaintiff's disability on December 5, 2013 in the medical school in the medical school in the medical school of the household that treated the plaintiff is the class 1 of the mental disorder.

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