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(영문) 서울고등법원 2015.04.22 2014누5882
국가유공자비해당결정처분취소
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, which cited the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, except where the judgment of the plaintiff's assertion is added.

Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The further determination of this Court

A. (1) As to whether an illegal disposition is added or modified, or a violation of the principle of pleading, the grounds alleged by the Defendant in the instant lawsuit are identical to the grounds for disposition stated in the instant disposition. Therefore, it cannot be added as the grounds for disposition.

In addition, the first instance court erred by violating the principle of pleading by recognizing the grounds for the disposition that the Defendant did not assert and deeming the disposition to be lawful.

(2) On the grounds delineated below, the Plaintiff’s assertion on this part cannot be accepted.

(A) In an appeal litigation seeking the revocation of an administrative disposition, the agency may add or modify other grounds to the extent that it is recognized as identical to the grounds for the initial disposition.

In this context, the existence of the same factual basis is determined depending on whether specific facts prior to the legal evaluation of the grounds for disposition are identical in the basic point of view (see, e.g., Supreme Court Decision 2012Du11959, Oct. 27, 2014). According to the overall purport of the entry and pleading as to the evidence No. 3, the Defendant issued a physical examination for re-verification against the Plaintiff on January 26, 2012 for the classification of disability ratings, and the grounds for disposition stated in the instant written disposition are as follows: “The degree of disability at present falls short of the criteria for classification of disability ratings prescribed by the Acts and subordinate statutes.”

On the other hand, the reasons alleged by the defendant in the lawsuit of this case are to be tried after the removal of disks in the case of the plaintiff.

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