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(영문) 인천지방법원 2015.05.21 2014구합30286
정신장애등급외결정처분취소
Text

1. The Defendant’s decision on July 3, 2013 against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. From around 2005 to 2013, the Plaintiff was hospitalized several times in Incheon B Hospital, etc. due to symptoms suspected of being injured by the network of damage, stimulism, aggressiveness, aggressiveness, abstinence, abstinence, abstinence, and abstinence.

B. On May 2013, the Plaintiff was diagnosed by the Incheon Hospital, which was hospitalized in the hospital for hospitalized treatment, as a dynamic disorder. On May 31, 2013, the Plaintiff applied for registration of “mental disorder” to the Defendant.

C. On July 3, 2013, after examining the National Pension Service, the Defendant determined and notified the Plaintiff on July 3, 2013 to the effect that “The Plaintiff’s disability grade is excluded from the Plaintiff’s disability grade, on the ground that “The Plaintiff’s disability grade is not deemed to be a case where the symptoms and symptoms of the ability, desire, behavior, etc. are continued or repeated due to the mass dynamic disorder in light of the mental symptoms on the disability certificate and the transitional records submitted, drug consumption by symptoms, treatment progress, etc.

(hereinafter “instant disposition”) D.

On August 31, 2013, the Plaintiff filed an objection with the medical record book attached to the Defendant, and the Defendant rendered a decision on August 31, 2013 that the Plaintiff’s disability grade falls under the category of the Plaintiff’s disability grade, on the ground that “The Plaintiff did not recognize the climatic disorder due to the bipolartic dynamic disorder in the last one year’s past record book, and indicated the fall of recognition function, memory, etc. on the original record book in 2005, and entered in alcohol dependence, etc. at the time of hospitalization in 2011, the degree of use of drugs, treatment progress, etc. according to symptoms, etc.

E. The Plaintiff appealed and filed an administrative appeal, but the Incheon Metropolitan City Administrative Appeals Commission dismissed the Plaintiff’s claim on September 30, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including those with a satisfy number), Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion.

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