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(영문) 서울고등법원 2020.11.20 2020누38357
고엽제후유증환자등급판정처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is the same as that of the judgment of the court of first instance, except for the following parts, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(Other matters alleged by the Plaintiff in the trial are not significantly different from the contents alleged by the Plaintiff in the first instance trial, and even if all of the evidence submitted in the first instance and the first instance trial were examined, it is justifiable to find facts and make a judgment of the first instance court that rejected the Plaintiff’s assertion. [The part to be revised] From 4 to 5 of the first instance judgment, “The above Grade 702 was changed to 7th 51111 after it was changed to 7th 7th 7th 7th 702 of the first instance judgment.” The above Grade 702 was changed to 7th 7th 7th 702 of the first instance judgment, as amended by Presidential Decree No. 23885 on June 27, 2012, [Attachment 3] Article 14(3) of the former Enforcement Decree of the Act on the Honorable Treatment

In the second half of the judgment of the first instance, the "physical reduction reduction" shall be raised as "physical evaluation".

Part 2 of the judgment of the first instance court, "a person who has lost labor force of at least 1/3 of the average person" shall be deemed "a person who has lost labor force of at least 1/3 of the average person".

The 3rd and 10th of the first instance judgment shall apply mutatis mutandis.

Article 6-2 (1) "Application Mutatis Mutandis of Article 6-2 (1)

Article 6-2 (1) height of the first instance judgment. Article 6-4 (2) of the 15th judgment "Article 6-4 (3)" is changed to "Article 6-4 (3). The 3th judgment of the first instance judgment is changed to "At least" of the 17 through 18th, 21th, 4th, and 12 first instance judgment. The 4th judgment of the first instance judgment is changed to "the determination of a disability rating for physical parts" of the 1st judgment as "the determination of a disability rating for physical parts". The 5th judgment of the first instance judgment is changed to "the 5th judgment of the first instance judgment is measured". The 6th to 5th judgment of the first instance court "the prosecutor conducted by this court according to the physical entrustment of this court" is changed to "the prosecutor conducted by this court from the physical examination conducted by this court according to the physical examination of the B Hospital."

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