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(영문) 수원지방법원 2015.08.28 2014구단32237
지적장애등급외결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff was judged as 6 years of age, and was judged as 3 years of intellectual disability in around 2008 due to lack of intellectual ability due to recognition, brain damage, brain disease, etc.

B. However, the Defendant filed an objection against the Plaintiff on February 27, 2013 by asserting that, while rendering a trial with respect to the Plaintiff, the intelligence index was measured by 84 on April 27, 2012 with respect to the clinical psychology test conducted by the Guro University Hospital, the Defendant rendered a decision out of the grade on December 12, 2012. Accordingly, the Plaintiff did not accept the Plaintiff’s objection on the ground that there was no objective cause, such as the Plaintiff’s occurrence of an additional brain disease that could significantly undermine the Plaintiff’s intellectual ability after April 27, 2012, by asserting that the intelligence index was measured by 63 and 59 on February 18, 2013.

C. On June 16, 2014, the Plaintiff filed a new application for intellectual disability with the assertion that the entire intelligence index was measured by 68 pages. The Defendant rendered the instant disposition to the Plaintiff on August 1, 2014, taking into account the following: (a) the Plaintiff’s intelligence index measured on April 2012 was 84; and (b) there was no objective aggravation that may cause recognition and lowness; and (c) the instant disposition was rendered to the Plaintiff on August 1, 2014.

As to this, the Plaintiff, which implemented on October 2, 2014, submitted the result of the measurement of intelligence index 42 and 56.7 in the clinical psychology test conducted by the Plaintiff, dismissed the objection on the ground that it is difficult for the Defendant to recognize it as a reliable test result.

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

2. Whether the disposition is lawful;

A. The plaintiff's assertion that there was a astronomical spawn, and there is little possibility that the plaintiff's spawn symptoms or intelligence will be improved when he was recognized as the third grade of intellectual disability in the past.

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