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(영문) 서울행정법원 2016.09.22 2014구단58986
장해등급재판정결정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On June 29, 2007, the Plaintiff was diagnosed as “open Two Alleys, cerebral pels, and Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro-Madro,” and was receiving medical care for each of the above diseases until November 30, 2010.

On January 6, 2014, while receiving a disability pension from the Defendant, the Plaintiff filed an application for disability grade re-determination with the Defendant on January 4, 201, that his disability grade falls under class 5 Subparagraph 8 (except for those whose disability grade remains obvious and obvious in the function or mental function of the neurosis).

On January 27, 2014, the Defendant rendered a disposition to re-determine the Plaintiff’s disability grade with the content that the Plaintiff would have judged the Plaintiff’s disability grade at Grade VII as before (hereinafter “instant disposition”).

【In the absence of dispute, the Plaintiff’s entire intelligent index of the Plaintiff’s assertion as to the legitimacy of the disposition of this case was significantly lowered compared to the time of the first disability judgment, which is difficult to live without the help of the other party due to the satisfying of the overall recognition function as well as the dementia status and the serious decrease in the overall recognition function.

As such, even though the Plaintiff’s disability status at present falls under class 8 of class 5, where the Plaintiff’s ability to work remains only 1/4 of the general public and it is difficult to work without any frequent instruction from others, the Defendant’s disposition of this case, which still determined the Plaintiff’s disability grade as class 4, is unlawful.

Plaintiff

As at the time of the first determination of medical opinion on disability status, it is possible to make the short-term aggravation that some of the disabilities and daily life of pedestrians remain due to the fall of the crypology and recognition function at the time of the first determination of disability.

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