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(영문) 부산고등법원(창원) 2016.10.19 2015누69

신체검사등급판정처분취소

Text

1. Revocation of a judgment of the first instance;

2. The Defendant rendered a disability rating decision against the Plaintiff on October 17, 2012.

Reasons

1. The court's explanation concerning this part of the reasons for the decision of the court of first instance is as stated in Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion;

(b) the relevant statutes and regulations;

C. The reasons why the court should explain this part of the facts of recognition are as follows, and this part of the reasons for the judgment of the court of first instance is as stated in the corresponding part of the reasons for the judgment of the court of first instance, and therefore, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

1) On the 4th, 13th, 5th, 14th, 6th, 2nd, and 3th of the first instance court’s decision “this Court” shall be deemed “court of the first instance court”. 2) On the 6th, 1st and 2th of the first instance court’s decision, the following shall be added:

6) As a result of the physical appraisal commission to the head of the relevant court of the first instance on April 1, 2016, the result of the fact-finding survey conducted on several occasions on the Plaintiff’s left-hand slot, using a passive method, on three occasions as to the exercise scope of the Plaintiff’s left-hand slot, ① 1: 15 degrees of fresh, ② 2: 15 degrees of fresh, ② 100 degrees of fresh, ③ 3: 5 degrees of fresh, 5 degrees of fresh, 105 degrees of fresh, and 105 degrees of fresh, and so the scope of the exercise scope of the left-hand slot is ① 1:05 degrees of 105 degrees of 105 degrees, ② 2:3:0 degrees of 100 degrees of 30 degrees of measurement.

Article 8-3 [Attachment 4] [Attachment 1] 10-7-7 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. 984, Jun. 29, 2012; hereinafter “Enforcement Rule of the former Act on Persons of Distinguished Service to the State”) is showing restrictions on the scope of the normal sports range of 150 degrees and 1/4 or more.

3) Decision of the first instance court No. 6 of the Act No. 4.