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(영문) 서울고등법원 2019.07.11 2018누78697
장해등급결정처분취소
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 court of the first instance’s explanation concerning the instant case is as follows, except where the court adds a judgment on the Plaintiff’s assertion emphasized by this court under Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, since the reasoning of the first instance’s judgment is as follows, the court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

(Other grounds alleged by the plaintiff in the appeal do not differ significantly from the contents alleged by the plaintiff in the first instance court, and even if all the evidence submitted by the first instance court and this court are examined, the fact-finding and the judgment by the first instance court are justifiable). [This part] The "this court" in the third second instance of the first instance court shall be decided by the "Seoul Administrative Court".

The term "this Court" in each of the 10th 13 parallels in the first instance judgment, 12th 8 parallels, 16th 7th 7, 9, 17th 11 parallels, 19th 9, 10th 3 parallels, 20 last parallels, 21 last to 3th 22th 6 parallels in the second instance court.

The 12th 12th 12th am in the judgment of the first instance is deleted from the Plaintiff’s assertion and judgment, and the 13th am in the same 13th am in the same manner “A. Plaintiff’s assertion”, and the 14th am in the same 14th am in “D. judgment”.

The 17th 12th 12th 17th 10 judgment of the first instance court shall be subject to "subject".

The part of the judgment of the first instance shall be deleted from 18th to 19th (the part of the relevant legal principles).

There are some questions as to whether there is a restriction or not, 22 pages of the judgment of the court of first instance, and 5 pages of the judgment, "It is difficult to recognize that there is a restriction or not."

2. The judgment on the plaintiff's assertion is that at the time of the disposition of this case's photograph 5 pages of the preparatory document dated June 11, 2019, the plaintiff's condition at the time of the disposition of this case's photograph as of June 11, 2019 is the same as the activity support investigation report sheet for the disabled (Evidence 29-3). Thus, the disability grade for the plaintiff is the chest long-term of 5th class 7.

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