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(영문) 서울행정법원 2018.03.14 2017구단17405
장애인등급외결정처분 취소
Text

1. On November 11, 2016, the Defendant’s decision to exclude the disability grade granted to the Plaintiff is revoked.

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

Reasons

1. Details of the disposition;

A. On August 2, 2016, the Plaintiff filed an application for registration of disabled persons with the Defendant on August 2, 2016, under Article 2(1) and [Attachment 1] [Attachment 1] of the former Enforcement Rule of the Act on Welfare of Persons with Disabilities (amended by Ordinance of the Ministry of Health and Welfare No. 462, Dec. 30, 2016; hereinafter “the Enforcement Rule”), that the Plaintiff constitutes a person who has lost the function of all a proposal under class 5 subparag. 7 of the disability grade (hereinafter “a person who has lost the function of all a proposal by omitting the acceptance of statutes”).

B. On August 10, 2016, pursuant to Article 3(2) of the Enforcement Rule of the 2016, the Defendant requested a disability diagnosis to the Gangnam-gu Seoul National University Hospital (hereinafter “Gangnam National University”) (hereinafter “Gangnam National Hospital”).

C. On October 31, 2016, on the basis of the results of the examination of flag degree and self-marrout film against the Plaintiff, the Gangnam Synovab Hospital diagnosed that the Plaintiff was in functional disorder caused by the flaging flag, and assessed the Plaintiff’s non-flag class as follows.

At that time, the Gangnam Syna Hospital notified the defendant of the results of the examination pursuant to Article 3 (3) of the Enforcement Rule.

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D. On November 2016, the Defendant deemed it necessary to examine the Plaintiff, and requested the National Pension Service to examine the Plaintiff’s level of disability pursuant to Article 3(4) of the Enforcement Rule.

E. On November 4, 2016, the National Pension Service shall conduct an examination of a senior clerk for the plaintiff through advisory opinions, and approximately two seconds of the plaintiff's assignment to the defendant on November 4, 2016.

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