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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. From around November 1993, the Plaintiff was serving as a container equipment engineer in B. However, on November 23, 1999, the Plaintiff was killed at the lower floor below 3 meters, while maintaining the repair of the container equipment at the container site, due to the sudden acceleration of the equipment while leaving the repair of the container equipment at the container site.
(hereinafter “instant accident”). (b)
In the instant accident, the Plaintiff was registered as a person with disabilities of Grade V and Grade V with a hearing disability (e.g., spine disability). On February 13, 2012, the Plaintiff applied for a mental disability rating examination to the Defendant to obtain registration of additional mental disorders, but was determined as a result of the National Pension Service Disability Review Center’s review, and the Defendant rendered a decision other than the mental disability rating (hereinafter “instant disposition”) against the Plaintiff on March 7, 2012 according to the aforementioned review result.
C. Accordingly, the Plaintiff filed an objection on May 30, 2012. However, on June 18, 2012, the Plaintiff received an administrative appeal seeking revocation of the instant disposition from the Busan Metropolitan City Administrative Appeals Commission, and on July 20, 2012, dismissed on August 21, 2012.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 through 4, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The plaintiff's assertion shows symptoms such as continuous depression, motive, behavior, etc. caused by repeated depression, such as psychological stress, influence, and chilling, etc. caused by extreme pain, and where such depression continues to exist, it is necessary to provide a large number of assistance in at least 3 out of 6 items, and GAF scale also constitutes a person whose degree of disability is at least 41 but not more than 50 points, and falls under class 2 through 3 of class 2 of class 2 of the mental disorder. The defendant's disposition of this case based on different premise is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
(c) judgment 1.