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(영문) 부산지방법원 2016.06.10 2015구합1244
장애등급취소
Text

1. On April 3, 2015, the Defendant’s disposition of grade 4 with respect to the Plaintiff’s disability grade is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 24, 2014, the Plaintiff filed an application for registration of a disabled person on the ground of cerebral disease disorders with the Defendant on February 2, 2015.

On March 4, 2015, the Defendant determined the Plaintiff’s disability grade 5 on the ground that it is necessary for the Plaintiff to provide minor assistance in performing daily life activities, considering the degree of movement and the Plaintiff’s movement, such as the movement of full-time and boom, the movement of both arms and descendants.

B. On March 11, 2015, the Plaintiff filed an objection, and the Defendant, on April 3, 2015, decided to raise the Plaintiff’s disability grade to the fourth degree of brain disease, taking into account the following: (a) the Plaintiff’s disability grade was required to have an intermediate or minor help in walking and daily life; and (b) the Plaintiff has a sense that it has an overall common function and scar

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, Gap’s evidence Nos. 1, 2, and Eul’s evidence No. 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. (1) The plaintiff's assertion (1) cannot make an independent life without the plaintiff's family's aid. According to the medical certificate submitted by the plaintiff, the revised deel index also falls under class 34 and class 2 of brain-disease disability. However, since the defendant decided as class 4, the disposition of this case is unlawful.

(2) In light of the fact that the examination of diagnosis, such as the Defendant’s revised deel index or probationary examination, requires cooperation from the inspectors and that it is difficult to make accurate evaluation without cooperation, the results of physical examination are only reflected in the Plaintiff’s condition at the time of appraisal, and the Defendant issued the instant disposition by obtaining medical advice more than five times based on medical records and video images, etc. marked the Plaintiff’s appearance, which is lawful.

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

C. Article 2(2) of the Act on Welfare of Persons with Disabilities, Article 2(1) of the Enforcement Decree of the same Act, and attached Table 1 of the Enforcement Decree of the same Act [Attachment 1] provide the types of and standards for disability, and Article 2(2) of the Enforcement Decree thereof.

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