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(영문) 서울고등법원 2017.06.30 2016누81019
보훈보상대상자 비해당 결정 처분 취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the addition of the judgment by this court under paragraph (2) of this Article, and therefore, this is also accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that “The result of the physical examination conducted on November 4, 2015 at the Central Veterans Hospital,” the Plaintiff constitutes a person who has a functional disorder in light of the Do in one part among the three sections of a bridge set forth in Article 14(3) and attached Table 3 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, and the Plaintiff also constitutes a person who clearly shows the eromatic change from the examination of X-ray, etc. despite the appropriate treatment set out in Article 8-3 and attached Table 4 of the Enforcement Rule of the same Act. Therefore, the Plaintiff’s disability rating at least Grade 7 should be recognized for the Plaintiff.”

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court, and the first instance court's decision rejecting the plaintiff's assertion is justified even if all the evidence submitted in the first instance court were examined.

(A) Article 14(2) and (3) of the Enforcement Decree of the above Act provides that the criteria for the above Enforcement Decree [Attachment 3] and the [Attachment 4] of the Enforcement Rule shall be met in a lump sum, and if any of them is applicable, a grade shall be recognized. However, according to Article 14(2) and (3) of the above Enforcement Decree, a classification of disability ratings depending on the degree of physical disability shall be prescribed in [Attachment 3] of the above Enforcement Decree, and matters concerning the method of determining the physical disability and the method of measuring physical disability shall be prescribed by Ordinance of the Prime Minister, and Article 8-3 of the above Enforcement Rule provides that the above Enforcement Rule [Attachment 4] shall be determined in [Attachment 4] of the Enforcement Rule.

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