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(영문) 수원지방법원 2014.08.22 2014구단452
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 instant disposition

A. On March 14, 201, the Plaintiff was judged as Grade II mental disorders.

B. After the arrival of the fixed period, the Defendant requested the National Pension Service to examine the Plaintiff’s disability grade; the National Pension Service determined the Plaintiff as a mental disability Grade 3; and the Defendant rendered a decision on July 26, 2013 to the Plaintiff on July 26, 2013 according to the results of the examination by the National Pension Service.

C. Although the Plaintiff filed an objection, on September 13, 2013, the Defendant rendered the same third grade ruling as the previous one, and the Defendant, who caused the Plaintiff to file an application for mediation in order to raise the disability grade again, determined the application to the third grade, which was the same on December 20, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1, 2, 3, Eul evidence 1-4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion shows serious obstacles to the personal relation, sanitary condition management, proper food consumption, and real ability to determine the reality without any support around the present. Thus, there is a need for a lot of help or full assistance in more than four items among six items of criteria for judgment.

The GAF scale scores are between 41 and 50 points, and recently inappropriate meals and hygiene management, damage network deterioration, and aggressive actions are shown and require intensive treatment, and it should be considered as class 2 of the disability grade.

Therefore, the defendant's disposition of this case by changing the physical grade of the plaintiff to Grades II through III based on only the submitted disability diagnosis report and the completion record paper, etc. is unlawful.

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

C. Determination 1) According to Article 2(1) [Attachment 1] of the Enforcement Decree of the Act on Welfare of Persons with Disabilities, a mentally disabled person is due to a mental disorder, a dynamic disorder, a bipolartic disorder, and a disorder in the function and ability of appraisal adjustment, action, and behavior due to a stimulative disorder.

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