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(영문) 수원지방법원 2017.04.26 2016구단2728
행정처분(장애등급 하향 결정)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 June 23, 2015, the Plaintiff was registered with the Defendant as a disabled person of Grade II with a mental disability. On June 23, 2015, upon the arrival of the time to determine the disability grade, the Plaintiff requested a disability grade review by submitting a written diagnosis of disability with a repeated disability to the Defendant.

B. On August 24, 2015, the Defendant requested the National Pension Service to examine the Plaintiff’s disability grade, and accordingly, rendered a decision on August 24, 2015 as to the Plaintiff’s mental disability Grade III.

(hereinafter “instant disposition”). C.

On May 17, 2016, the Plaintiff filed an objection with the Defendant along with a written additional diagnosis. However, on June 13, 2016, according to the results of the National Pension Service’s examination, the Defendant rendered a decision that the Plaintiff constitutes a Grade III mental disability equivalent to the existing disability grade.

[Ground of recognition] No dispute, Gap 1 to 3, Eul 1 to 7, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff received a mental therapy from around 2005 to around 2015, and attempted to live a total of three times in prison life. At present, the Plaintiff’s claim continues to engage in exchange administration, damage accident, post-distance stress disorder, depression, suicide accident, etc., and the instant disposition that adjusted the Plaintiff’s disability grade to Grade 3 is unlawful, even though the Plaintiff falls under Grade 2, which is the previous disability grade.

(b) The attached Form of relevant statutes is as follows.

C. Determination 1) According to Article 2(2) of the former Act on Welfare of Persons with Disabilities (Amended by Act No. 13663, Dec. 29, 2015); Article 2(2) of the Enforcement Decree of the same Act; and Article 2(2) of the Enforcement Rule of the same Act, the Ministry of Health and Welfare’s standards for determining disability ratings prescribed by the former Act No. 2015-188, supra, the Ministry of Health and Welfare’s standards for determining disability ratings, mental disorders are used as an official mental disease classification system in Korea.

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