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(영문) 창원지방법원 2015.12.08 2014구합296
장해등급결정처분취소
Text

1. Although the Defendant stated the purport of the claim on November 20, 2013 in November 18, 2013, the evidence No. 2, which is the disposal document, is written.

Reasons

1. Details of the disposition;

A. On March 8, 2007, the Plaintiff was registered as a disabled person with a mental disability grade 2 as a mentally disabled person. The Plaintiff was also judged as a mentally disabled person in the second degree of disability trial conducted every two years thereafter.

B. On October 23, 2013, the second anniversary of two years, the Plaintiff submitted to the Defendant a diagnosis and medical record record of the second degree of mental disability to obtain the second degree disability judgment. However, on November 20, 2013 based on the results of the Advisory Council of the National Pension Service, the Defendant notified the Plaintiff that the Plaintiff constitutes the third degree of mental disability for the following reasons (hereinafter “instant disposition”).

Considering the mental symptoms, the degree of use and function of drugs according to symptoms, the progress of treatment, etc. in the report of diagnosis of disability and the past records submitted, in cases where there are mental symptoms, such as refund, accident disorder, etc., but personality change or satisfying is not serious, and mental disorders are deemed necessary to be satisfic support when daily life is performed due to degradation of function and ability and ability, and they are determined to be class 3 of mental disorders. Although there are training symptoms, such as loss, exchange, accident disorder, satisfy behavior, etc. due to mental division, but there is no serious personality change or satisfying, it is necessary to make intermittent support from more than Class 6 of the criteria for judging capacity disorder, and the GAF scale scores are more than 51 but not more than 60 points.

C. The Plaintiff filed an objection against the instant disposition, but the Defendant, following a review by the National Pension Service, notified the Plaintiff on December 20, 2013 that the Plaintiff constitutes Grade III mental disorders.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. As a result of the inspection on mental disorders, the plaintiff's assertion has a lot of help around daily dialogueing techniques, drugs, monetary purchase, and the use of public facilities.

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