[장해등급결정처분취소][미간행]
The case reversing the judgment of the court below which judged that the disposition of Grade 7 and Grade 401 other than Grade 6-6 (2) 44 of the disability rating classification table is lawful by referring to the application or referring to the contents of the classification of disability rating, although the criteria for classification of disability rating for the "multi-purpose supporting supporting supporting military persons, etc." under the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State" and the Enforcement Rule
Article 14 (4) [Attachment Table 3] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, and Article 8-3 [Attachment Table 3] [Attachment Table 4] of the former Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Ordinance of the Prime Minister No. 8
Plaintiff (Attorney Seo Young-soo et al., Counsel for the plaintiff-appellant)
The head of the Incheon Veterans Branch Office
Seoul High Court Decision 2008Nu35394 decided June 5, 2009
The judgment below is reversed and the case is remanded to Seoul High Court.
We examine the grounds of appeal.
According to the reasoning of the judgment below, the court below acknowledged the facts as stated in its judgment after compiling the evidence, and determined that the combined flasium No. 4 of this case's Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter referred to as the "Act") was legitimate based on the following facts: since the combined flasium No. 3 did not constitute multiple flasium; and the content of multiple flasium No. 867 of the Enforcement Rule of the Act as amended by Ordinance of the Prime Minister No. 867 of January 4, 2008 was newly established only on the combined flasium No. 3 of this case's Enforcement Rule No. 62 Paragraph 44 of this case's revised flasium No. 3 of this case's revised flasium No. 54 of this case's revised flasium No. 7 of this case's new flasium No. 54 of this case's new f persium No.
However, the judgment below is not acceptable for the following reasons.
The determination of disability ratings of persons who have rendered distinguished services to the State shall be based on the law at the time of the disposition. The Enforcement Decree of the Act, which is classified by type of disability ratings at the time of the disposition in this case and [Attachment Table 3] of the Enforcement Decree of the Act, does not provide for the criteria for classification of disability ratings for the Complex Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Ma.
Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Cha Han-sung (Presiding Justice)