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(영문) 부산고등법원 2018.01.24 2017누20972

상이등급비해당자결정취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

With respect to this case cited in the judgment of the first instance, the reasoning of this court is as stated in the reasoning of the judgment of the first instance, except where the plaintiff stated or added the judgment as follows with regard to the assertion that the plaintiff emphasizes again in the trial of the court of the first instance. Thus, this court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

Along with the fourth and tenth parallels of the first instance judgment, “(4)” is added as follows, and the tenth parallels of the first instance judgment added “the results of the physical examination commission and the results of the fact-finding inquiry with respect to the head of the High School Uniforms Hospital at the High School at the High School at the High School at the High School at the High School. 4) As a result of the physical examination commission of the first instance court at the High School at the High School (the results of the physical examination commission for the head of the High School at the High School at the High School at the High School at the High School) - The active physical exercise scope of the right-hand spawn is assessed into 30∑

- Although it is not visible that the reduction of the level of stimulation and the formation of the stimulating, it is clearly confirmed that the stimulative stimulation in the stimulshion is clearly confirmed through the increase of the level of radiation dose of the stimulous stimuls occurring in X-ray shooting.

- The plaintiff constitutes disability rating 7- class 8122 (one bridge, one of three sections of the same bridge, who has a disability in the Do's function).

The paragraph d. "," of Forms 12 through 14 of the decision of the court of first instance shall be stated as follows:

Judgment

Article 6-4 of the relevant law provides that "A disability rating of a person subject to a physical examination under Article 6-3 (1) shall be determined by dividing it into Grade I, Grade III, Grade IV, Grade V, Grade VII, and Grade VII according to the degree of his/her disability (the main sentence of paragraph (1)), the criteria for the disability rating shall be determined by comprehensively considering the degree of his/her disability, the degree of restrictions on social life, etc. (paragraph (2)), the classification and determination of the disability rating shall be prescribed by Presidential Decree.

(3) In accordance with delegation, the Enforcement Decree of the Act shall be determined by the method of determining physical disability and the method of measuring physical disability under Article 14(2).