beta
(영문) 서울고등법원 2016.08.18 2016누34679

국가유공자상이등급처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The plaintiff cited the judgment of the first instance court basically repeats the same argument in the first instance court. According to the results of physical appraisal of the Seoul Medical Director of the Seoul Medical Center of the first instance, in determining the plaintiff's disability rating, the criteria for grading provided in the "protruding escape certificate" as well as in the "protruding escape certificate" should be applied. The plaintiff asserts that the plaintiff constitutes "a person who has been subject to the aggregate of two invertebrates due to brate separation certificate", the sports scope of the essential part is limited to at least 1/4, and that there is opinion to grade IV, which shows that the degree of movement of the main part is limited to grade IV, and that it is "a person who continues obsississississis," and therefore, Article 14 (3) [Attachment 3] of the former Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (amended by Presidential Decree No. 23515, Jun. 27, 2012).

However, according to the result of the request for complementary appraisal to the Seoul Medical Director of the Seoul Medical Center in the party-by-case Seoul Special Metropolitan City, the following elements are included in the vertea in terms of unstableness, and there are factors in the vertebrate escape from the perspective of causing nephical disease, and the two elements are equally included in the vertebrate, but the vertebrate separation certificate is not spine inverte. In the case of the plaintiff, the plaintiff constitutes "a person who has received the verte in two vertebrates due to spine separation."

The Plaintiff’s restriction on the sports on the part of the essential part of the Plaintiff is in accordance with spinal ebrate, and the spinal ebrate is due to spinal separation, which is a congenital disease, and it is difficult to view that the ebrate ebrate was irrelevant to the life of the existing disease or 35 years after the ebrate due to subjective symptoms, and both sides.