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(영문) 서울행정법원 2017.08.24 2016구합8708
장애등급결정처분 취소
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 October 23, 2015, the Plaintiff filed an application for disability ratings with the Defendant on March 10, 2015, with respect to residual disability in spine damaged in the lebane, which was caused by the death of the Plaintiff on March 10, 2015. According to the results of the National Pension Service’s examination by the National Pension Service, the Defendant rendered a decision out of class 6 of the lebical disability and class 6 of the lebical disability.

B. The Plaintiff filed an objection against the foregoing decision, but the Defendant rendered the same decision as the above paragraph (a) on February 19, 2016.

hereinafter referred to as "the disposition of this case"

(C) After that, the Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission, but the said commission dismissed it on September 5, 2016. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1 and 2, and the purport of the whole pleadings.]

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful since the Plaintiff did not properly evaluate the Plaintiff’s disability even though the Plaintiff’s bridge and bridge were math due to the bridge, and the burine function was not normal.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1) The Act on Welfare of Persons with Disabilities provides that a person with disabilities shall be subject to considerable restrictions in their daily lives and social lives for a long time due to physical or mental disability (Article 2(1)). Article 2(1) of the Enforcement Decree of the Act on Welfare of Persons with Disabilities stipulates the types and standards of disability as well as the types of disability and the standards thereof, which is divided into physical and mental disabilities (Article 2(2)). Article 2(1) of the Enforcement Decree of the Act on Welfare of Persons with Disabilities enacted upon delegation, sets the types and standards of disability in [Attachment Table 1]. Article 2(2) of the Enforcement Rule of the Act on Welfare of Persons with Disabilities, which is delegated by the Ordinance on the Ministry of Health and Welfare, delegates to the Minister of Health and Welfare the classification of persons with disabilities according to the degree of disability, and Article

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