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(영문) 춘천지방법원 2016.04.15 2015구합859
장애인등급외처분 취소
Text

1. The Defendant’s decision on June 25, 2015 regarding the Plaintiff’s mental disability grade shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On September 22, 2008, the Plaintiff was judged as having a mental disability of Grade 3 (F-33 repeated disorder).

B. Around June 5, 2015, the Plaintiff received a notice from a public official in charge of social welfare affairs B to submit a medical certificate issued by the Plaintiff’s medical corporation C with C with a medical specialist, and submitted the medical certificate issued by the Plaintiff’s medical corporation C with a medical specialist.

C. Accordingly, on June 25, 2015, the Defendant conducted a review of disability rating with respect to the Plaintiff’s mental disorder, and on the ground that “The Plaintiff’s mental disorder rating is determined out of the mental disorder level on the following grounds: (a) the Plaintiff’s mental disorder is not recognized in a case where there is a friendly symptoms on the degree of disability that falls under the disability grade, or frequently or repeatedly; and (b) it is not deemed that there is a need for intermittent assistance due to the function and ability disorder caused by repeated friendly disorder.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 7, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s summary of the Plaintiff’s assertion 1) Notwithstanding continuous treatment, there exists a mental disorder corresponding to the grade of mental disorder caused by repeated depression, so the instant disposition should be revoked. (2) The Defendant did not forward to the Plaintiff a written notice of disability grade decision under Article 7(2) of the Enforcement Rule of the Act on Welfare of Persons with Disabilities while conducting a review of disability grade.

Therefore, the instant disposition should be revoked on the ground that the above procedural error is in violation of law.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Article 2(1) of the Act on Welfare of Persons with Disabilities provides that “a person with disabilities means a person whose physical or mental disability is subject to considerable restriction in daily life or social life for a long time,” and Article 2(2) of the same Act provides for the type and standard of disability.

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