The meaning of "loss" in Article 14 [Attachment 3] 31 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State in the "persons whose kneeeee is lost" under the disability rating classification table.

In light of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (attached Table 3), where a part of the body itself is lost (physical loss), it is only "loss", while, where a part of the body is functionally disabled, it means "wholly lost" or "a failure to perform the function of an ancient city", in accordance with the above disability rating table, it means only physical loss such as cutting, and it is difficult to view that one leg is functionally lost.

Article 14 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State

Plaintiff (Attorney Kim Jin-nam, Counsel for the plaintiff-appellant)

The head of the Incheon Veterans Branch Office

Seoul High Court Decision 2004Nu15002 delivered on June 16, 2005

The judgment below is reversed, and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

In light of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (attached Table 3), where a part of the body itself is lost (physical loss), it is only "loss", while, where a part of the body is functionally disabled, it is "wholly lost" or "a failure to perform the function of ancient cities". In light of the above, the "loss" in class 31 of the above disability rating table means only physical loss such as cutting, and it is difficult to view that a knee is included in the case where a knee is lost.

The court below determined otherwise based on the facts of the judgment, that the plaintiff suffers from the "Type 1 of the Complex Embrye No. 3" at present, and considering its symptoms, the plaintiff has the disability falling under the "person who lost knee or knee se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se 3se se se se se se se se se.

Therefore, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Shin-chul (Presiding Justice)