장해등급결정처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the defendant's assertion and judgment in the court of the first instance to the defendant's judgment, and thus, it is identical to the reasoning of the court of the first instance. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of
2. The Defendant asserts that the instant disposition is lawful, since the Plaintiff’s disease was not cured and the symptoms were not fixed, the disability grade cannot be deemed to fall under class 10.
However, in an appeal litigation claiming the revocation of an administrative disposition, an administrative agency can add or modify other grounds for disposition only to the extent that the original reason and basic facts are identical to those of the original disposition, and it is not, in principle, permissible to assert as a new ground for disposition on the ground of a separate fact that the basic facts are not recognized as identical (see, e.g., Supreme Court Decision 2002Du5016, May 28, 2004). The grounds asserted by the Defendant that “the symptoms of illness suffered by the Plaintiff have not been fixed” are not identical to those of class 14 10 under the Industrial Accident Compensation Insurance Act that the Plaintiff’s disability grade falls under class 10 of class 14 under the Industrial Accident Compensation Insurance Act, and thus, it is reasonable to allow the Plaintiff to assert as a new ground for disposition (including conflicting arguments).
Therefore, the defendant's above assertion is without merit without further review.
3. The decision of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.