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(영문) 광주지방법원 2016.04.07 2015구단10868
장애등급결정처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On April 10, 2015, the Plaintiff: (a) suffered delay from the Defendant; and (b) requested a disability grade examination; and (c) on April 27, 2015, the Defendant rendered a disposition that the Plaintiff does not meet the standards for a disability grade on the ground that it does not fall under the standards for a disability grade on the ground that the need for a disability is less than 10 meters.

B. On May 12, 2015, the Plaintiff filed a new request for the examination of disability ratings. Accordingly, the Defendant rendered a decision on non-grade ratings (hereinafter “instant disposition”) without delay on the same ground on June 9, 2015.

C. On September 11, 2015, the Gwangju Metropolitan City Administrative Appeals Commission (Seoul Metropolitan City Administrative Appeals Commission) rendered an administrative appeal, which dismissed the Plaintiff’s claim.

【Fact-finding without a dispute over the basis of recognition, evidence Nos. 1 through 4, entry No. 8 of evidence No. 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was diagnosed on June 19, 2006 by traffic accident, and was diagnosed by “the stoves of the stoves of the anti-stoves of the anti-stoves of the anti-stoves of the anti-stoves of the anti-stoves of the anti-stoves of the anti-s toves of the anti-s toves of the anti-s toves of the anti-s toves of the anti-

또한 2015. 4. 10. 조선대학교 정형외과에서 위 병증에 대하여 ‘건측대비 우 슬관절 12mm 전방동요 관찰되고, 보행시에 우측 슬관절이 덜컹거림 등으로 인하여 하지관절 6급 2호에 해당함’이라는 장애진단서를 발급받았다.

In addition, on May 11, 2015, the Mannam University Hospital issued a disability diagnosis certificate stating that “the 12m east of the Mandong-gu Mandong-gu 12m and the 4m mm east-gu dong-gu dong-gu dong-gum are observed” and on October 31, 2015, the Mandong-gu Mandong-gu Mandong-gu Mandong-gu Mandong-gu was observed on the left side.”

As such, although the plaintiff's right-free disability falls under class 6-2 of disability grade, the defendant's disposition of this case is taken.

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