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(영문) 대구지방법원 2015.12.11 2015구단10013
장애등급결정처분취소
Text

1. The Defendant’s disposition of disability ratings rendered against the Plaintiff on October 8, 2014 is revoked.

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

Reasons

1. Details of the disposition;

A. A. On January 3, 2013, the Plaintiff suffered injury, such as “the blood from an outer scarcity, the blood from an external scarcity, and the injury of an unidentified brain and cerebral brain,” due to a traffic accident. On December 31, 2013, the Plaintiff obtained a written diagnosis of disability with respect to cerebral or verbal disability (Grade II) from the Macheon National University Hospital on December 31, 2013, and filed an application for registration of disabled persons with the Defendant on March 21, 2014.

B. After the National Pension Service’s disability grade review decision, the Defendant determined on May 27, 2014 as “the third degree of brain disease disorders” on the ground that “the Plaintiff is partially in need of another person’s assistance because the Plaintiff’s independent performance of all walking and all daily activities is difficult,” and the Plaintiff raised an objection thereto on August 19, 2014, but the Defendant rendered a decision on October 8, 2014 (hereinafter “instant disposition”). In accordance with the review and decision by the National Pension Service, the Defendant rendered a decision on the third degree of brain disease disorders (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had a lower point of 60 points on June 2013, and 56 points on July 2013, 2013, and 34-47 points on the remainder 10-time inspections, except for the result of the revised detona index test conducted by a hospital under treatment. Since it is entirely necessary to assist others in carrying out their daily lives, including walking due to serious after the occurrence of the accident, such as taking of food, on the part of the victim of the accident, on the part of the victim, and on the other hand, the Defendant’s disposition of this case otherwise constitutes class 2 of the cerebral disability.

(b) as shown in the attached Form of the relevant statutes;

C. Determination

C. The letter of disability diagnosis issued to the Plaintiff on December 31, 2013 at the 1st 1,000 National University Hospital, which, in fact, is necessary for the Plaintiff to be able to walk on his/her own hygiene and bath, and for meals;

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