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(영문) 수원지방법원 2016.04.08 2015구단91
장애등급결정처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 29, 2005 to February 25, 2008, the Plaintiff received counseling and treatment with symptoms such as apprehensions and influences, etc. from the Sungnam Hospital’s psychiatrist. On April 25, 2008, the symptoms have deteriorated after undergoing cerebral surgery, and received treatment with symptoms such as influsium, depression, etc. from C mental health clinic on August 29, 2008. On September 6, 2011, the Plaintiff filed an application for disability ratings with the Defendant along with a written opinion on the occurrence of a recurrenceal depression disorder, etc. as above, and the Defendant decided on September 22, 2011 as the Plaintiff’s mental disability Grade 3.

However, the above disability grade determination period is two years, and accordingly, it requires that the trial be conducted until September 22, 2013.

B. Accordingly, on June 2, 2014, the Plaintiff issued a medical certificate of friendly disability at C medical clinic and filed a request for review of disability grade determination with the Defendant. On June 25, 2014, the Defendant rendered the instant disposition on the ground that it is difficult to recognize that the Plaintiff’s symptoms with symptoms continue to exist or frequently repeated against the Plaintiff on June 25, 2014 after the National Pension Service’s review by the National Pension Service, and it is difficult to recognize the Plaintiff as a case where the Plaintiff’s symptoms with symptoms continue to exist or repeated against the Plaintiff on the part of at least

C. The Plaintiff filed an objection with the Defendant, but dismissed on July 9, 2014, and filed an administrative appeal on August 18, 2014, but was dismissed on November 19, 2014.

[Ground of recognition] Evidence Nos. 1, 5, Eul No. 10, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. According to the statement of opinion issued on July 1, 2014 by the Cpsyer of the Plaintiff’s assertion that the Plaintiff is currently receiving medical treatment (Evidence No. 4-1 of the Evidence No. 4), the Plaintiff was performing brain sypt operation on Apr. 1, 2008, and despite the treatment for several years, the depression did not seem to have a large amount of shock, and there are many difficulties in daily life due to depression, influence, inorganic force, inorganic desire loss, suicide accident, etc.

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