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1. The revocation disposition of the registration of the disabled that the Defendant rendered to the Plaintiff on July 15, 2013 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The Plaintiff was hospitalized in the National Hospital from May 2008 to December 2, 2008 as “comfordic mental disease” and received treatment.
On December 2008, the Plaintiff filed an application with the Defendant for registration of a disabled person under the Act on Welfare of Persons with Disabilities.
Around December 15, 2008, the Defendant: (a) determined that the Plaintiff’s stimulative disorder falls under class 3 of mental disorder; and (b) registered the Plaintiff as a disabled person.
B. On November 201, the Defendant requested the National Pension Service to examine the degree of disability of the Plaintiff based on Article 32(3) and (6) of the Act on Welfare of Persons with Disabilities to determine the Plaintiff’s disability.
On December 8, 2011, the National Pension Service (referring to the full text after the Ministry of Health and Welfare’s notification was amended by the Ministry of Health and Welfare No. 2011-91, Aug. 19, 201) provided medical treatment continuously for at least one year immediately before the diagnosis in the case of a mental disorder, and the Plaintiff should not be suspended from medical treatment for at least three months during that period. However, the Plaintiff cannot be deemed to have received medical treatment continuously for at least one year on the ground that the Plaintiff cannot be deemed to have received medical treatment continuously from February 1, 2011 to May 19, 201, under Article 12(1)3 of the Disability Rating Regulations (wholly amended by the Ministry of Health and Welfare’s notification No. 2011-34, Mar. 30, 2011; hereinafter “the Disability Rating Regulations”).
C. However, the Defendant received the notice of the result of the examination from the National Pension Service, and did not immediately notify the Plaintiff of the determination of disability ratings based on the above examination result in accordance with Article 12(2)2 of the Regulations on the Examination of Disability Ratings, but did not notify the Plaintiff of the determination of disability ratings on May 1, 2013, the Defendant notified the Plaintiff that “the determination of disability ratings should be deferred according to the results of the examination conducted by the National Pension Service on December 8, 2011.”
hereinafter referred to as "the case."