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(영문) 의정부지방법원 2016.04.20 2014구단5680
장애등급결정처분취소
Text

1. The Defendant’s disability determination disposition against the Plaintiff on May 15, 2013 and October 5, 2015, respectively, shall be revoked.

2...

Reasons

1. The plaintiff is a person who was judged at the second level of mental disability on June 28, 2004 by the defendant on the ground of chronic fissionability. A. The plaintiff is a person who was judged at the second level of mental disorder.

As of November 21, 2011, March 7, 2012, and January 22, 2013, the Defendant rendered a disposition of disability ratings with the purport that the Plaintiff shall determine the Plaintiff’s mental disorder as Grade 3.

B. On January 2, 2013, the Plaintiff filed an application for disability ratings with the Defendant on January 2, 2013, and the Defendant decided on January 18, 2013 to Grade III mental disorders.

Accordingly, the plaintiff filed an objection, and the defendant notified the decision of class 3 of mental disorders as in May 15, 2013 according to the decision of the National Pension Service.

On August 27, 2013, the Plaintiff filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the said commission dismissed the claim on February 19, 2014.

On the other hand, on February 20, 2015, when the lawsuit in this case was pending, the Plaintiff applied for disability grade review to the Defendant, and the Defendant rendered a decision on June 11, 2015 as the third grade of the second mentally disabled on June 11, 2015 and rendered a decision on October 5, 2015 to the Plaintiff as the third grade of the mental disability.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff suffered from mental fission, and the degree of disability grade 2, the Defendant rendered a disposition to determine the degree of disability 3 once every five times as seen above.

Therefore, the previous dispositions during the five times above are null and void, and the subsequent dispositions are illegal.

(b) Persons with disabilities, their legal representatives or guardians prescribed by Presidential Decree shall register the state of disability and other matters prescribed by Ordinance of the Ministry of Health and Welfare with Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply).

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