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(영문) 서울고등법원 2015.06.26 2015누33570
장해등급재결정처분취소청구의소
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 reasoning of the judgment of the court of first instance in this case is as follows: (a) the court shall change the term “violation of the new trust protection principle” to the term “violation of the new trust protection principle” of the court of first instance No. 8 4 of the judgment; and (b) except the addition of the following two, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment; and (c) thereby, it shall be cited in accordance

2. The lower court’s additional determination (the Plaintiff’s assertion) (the statute applicable to the Plaintiff’s disability grade determination) ought to be a statute prior to July 1, 2008, but the Defendant determined the Plaintiff’s disability grade by applying Article 11 of the Addenda to the former Enforcement Decree of the Industrial Accident Insurance Act, which was in force as of December 8, 2011.

In addition, the defendant's disposition violated the principle of trust protection, the principle of equality, the principle of self-defense, and the principle of proportionality and abused discretion.

[Judgment] 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. However, 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.

3. Therefore, the judgment of the court of first instance, which dismissed the plaintiff's claim based on the conclusion, is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing plaintiff.

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