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(영문) 서울행정법원 2015.01.29 2014구합11175
장애등급판정처분취소
Text

1. The Defendant’s disposition of disability ratings rendered against the Plaintiff on January 3, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On October 16, 2013, the Plaintiff registered as a person with a mental disability of the second degree, and the period of disability grade has arrived, the Defendant requested the National Pension Service to examine the Plaintiff’s degree of disability. Based on the results of the National Pension Service’s examination, on November 25, 2013, the Plaintiff notified the Plaintiff of the degree of disability of the third degree of mental disability with the following disposition (hereinafter “instant disposition”).

[Reasons for Disposition] In light of the clinical symptoms and treatment progress on the records, there is a mental disorder when considering the clinical symptoms and treatment progress on the records submitted, but if there is no personality change or treatment, it is deemed necessary to provide the support around the surrounding area in at least 3 out of 6 items of the criteria for judgment of competence disorder due to the degradation of function and ability, and it is determined to be class 3. In the case of a mental fission who has a symptoms of training, such as net, exchange, accident disorder, and mosing behavior, but has not been seriously affected by personality change or mosing, it is necessary to provide a intermittent support among at least 3 items among 6 items of the criteria for judgment of competence disorder, and the GAF scale scores are at least 51 but not more than 60 points.

The Plaintiff filed an objection to the instant disposition on December 6, 2013, but the Defendant, on January 3, 2014, notified the Plaintiff of the disability grade 3 of the mental disability grade with the same reasons as the instant disposition.

(hereinafter “instant disposition”). C.

In response to the instant disposition, the Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Administrative Appeals Commission, but dismissed on April 7, 2014, the Plaintiff appealed and filed the instant lawsuit on June 19, 2014.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1 to 3, and the purport of whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s claim’s mental fission is accompanied by a change in character or satching of a neutronism, thereby falling under the second degree of a mental disability with a mental disability, and the degree of such a change is particularly improved.

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