2014Gudan58337 The revocation of revocation of the determination of a disability grade.

A

The Government Employees Pension Service

December 18, 2015

January 22, 2016

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant's disability determination disposition against the plaintiff on July 17, 2014 shall be revoked.

1. Details of the disposition;

A. On January 6, 2003, the Plaintiff was a person working at the Busan Regional Police Agency B, and the Plaintiff was found to have been provided medical treatment under the diagnosis of 'cerebral dyssis' (hereinafter referred to as the "sysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysys.

B. After the Plaintiff voluntarily retires on April 30, 2012, the Plaintiff filed a claim for disability pension against the Defendant on July 7, 2014, and the Defendant rendered the instant disposition on July 17, 2014, stating that the Plaintiff’s disability grade falls under class 7 subparag. 5 of the Plaintiff’s disability grade.

C. Accordingly, the Plaintiff filed a request for an examination with the Public Official Pension Benefit Review Committee on August 27, 2014, but was dismissed on September 25, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

The status of the Plaintiff’s disability caused by the instant injury constitutes class 4 of class 2 (a person who needs to be protected from time to time due to a significant disorder in the function of chest long-term). Therefore, the instant disposition taken on a different premise is unlawful.

(b) Medical opinions;

(1) Plaintiff 1

(A) A medical certificate of C Hospital dated April 30, 2012

- Sick : chronic renal failure, blood rupture

- Opinions: From January 30, 2012, the Plaintiff started blood turble from January 30, 2012 with chronic renal (blood turbles) three times a week, and the Plaintiff is judged to require continuous treatment for life.

(B) Written opinion of C Hospital dated July 25, 2014

- Sicks: High blood pressure, fladne kidne’s kidneys, kidne’s kidne’s kidne’s kidne’s typhys and kidne’s studs, and b

- medical opinions: Future life for patients who have been continuously treated as blood ruptures at the terminal of horses;

Medical personnel shall be under the management of the medical personnel and in need of treatment

(C) Written opinion of the Council on August 19, 2014

- Sychopathosis

-Expressions: the above-mentioned diagnosis has continuously shown symptoms for the current use of drugs, and continue to be treated for them;

(2) Results of commissioning examination of medical records to the chief of a branch hospital of Seoul National University Hospital

- The plaintiff should be accompanied by the medical personnel's protection every time to be administered with a patient with 3-time blood speculation per week. Since there is a possibility of being accompanied by a complication related to the administration of low blood pressure, low blood transfusion, etc. for 4 hours in blood speculation, it is essential to conduct blood pressure measurement every hour during the administration every time and monitor the symptoms of physical vitality caused by medical personnel, such as blood pressure measurement and blood transfusion measurement every two hours, and where the problem arises, immediate action by the medical personnel should be necessarily required.

- Taking into account the Plaintiff’s accompanying disease, age, etc., it is anticipated that labor robbery can be conducted with a maximum of 50% of normal workers except for the projected hours.

- The plaintiff falls within five chronic renals, and falls within class 5 of class 7 of the disability grade (persons who have a significant obstacle to the function of chest long-term with no easy labor remaining).

- The plaintiff needs a life-sustaining device for daily life or the scope of daily life

It is not mainly visible to be limited to the beds;

[Reasons for Recognition] The records No. 3 and the result of the request for appraisal of medical records to the Chief of the Seoul National University Hospital at this Court

C. Determination

According to Article 51 of the former Public Officials Pension Act (amended by Act No. 13387, Jun. 22, 2015); Article 45 [Attachment Table 3] and Article 23 [Attachment Table 1] of the Enforcement Rule of the same Act, in order for the Plaintiff’s disability grade due to the injury and disease in this case to become class 2 subparag. 4 (persons who need to be protected from time to time due to considerable impediment in chest long-term function) of the Enforcement Rule of the same Act, those who are in need of protection from others from time to time with respect to the treatment of daily life necessary for maintaining their life due to a serious chest long-term disability, i.e., those who need to be protected from time to time due to other people’s ability to live within the scope of daily life, but who are able to leave one-time beds or long-term disability of the Plaintiff’s ability to live within the scope of 3rd grade 4 (excluding those whose long-term disability in breast mother and long-term function is obvious, and who cannot live in his/her daily life.]

However, according to the evidence evidence evidence Nos. 3 through 8, the plaintiff was suffering from 3 times per week from the injury and disease in this case. The plaintiff was receiving treatment with malutism on the stroke line with a high blood pressure, kidney disability, anti-malutism, neutism, etc., and received disability grade No. 2 (the person who was suffering from malutism or malutism for 3 months or longer due to malutism) according to the Act on Welfare of Persons with Disabilities, but it is difficult to view that the above evidence and each of the above recognized facts revealed that the plaintiff's ability to receive treatment of the above malutical disability grade No. 50% of the average disability grade cannot be seen as having any error in the opinion of the above appraisal. The plaintiff's treatment record No. 2 of this court is a person with physical disability rating no less than 1/4 of the average disability grade of the plaintiff or the plaintiff's opinion on labor disability ratings no less than 1/7 of the Public Officials Pension Act.

Therefore, on the same premise, the defendant's disposition of this case, which decided the plaintiff's disability grade 7 No. 5, cannot be deemed unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Kim Jong-dong