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(영문) 대전고등법원 2016.09.08 2016누11108
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 for the court’s explanation as to this case is that the case is cited in the judgment of the court of first instance is to delete “the instant disposition” under Section 2, Section 12, Section 2, Section 14 of the judgment of the court of first instance (hereinafter “the instant disposition”), and to use “ October 21, 2014.” under Section 14 of the Civil Procedure Act as “ October 21, 2014.” In addition, “after the notification of the decision” under Section 15 of the same Article (hereinafter “instant disposition”), and “after the notification of the decision” under Section 15 of the same Article (hereinafter “the instant disposition”) are the same as the entry of the reasons for the judgment of the court of first instance, except for the addition of the following determination:

2. The decision on addition (the decision on the plaintiff's assertion of addition to the trial)

A. The plaintiff's assertion 1) The notice of this case is not based on the law or the Enforcement Decree, and is merely based on the nature and content of the administrative agency's internal rules for administrative affairs. Thus, there is no legal effect (i.e., the notice of this case). 2) The notice of this case does not provide for the exception of the addition of duplicate obstacles, and it cannot be viewed as an example of such exception provisions.

Therefore, in accordance with the notice of this case, the combined disability should be added to the case.

(2)(b).

Judgment

1. 1 The so-called administrative rules, which are issued by a superior administrative agency to a subordinate administrative agency on the argument, generally have effect only within the administrative organization, and do not have external binding force. However, if the provisions of Acts and subordinate statutes give the authority to determine the specific matters of the Acts and subordinate statutes to a specific administrative agency and do not specify the procedure or method of exercising the said authority, and if the delegated administrative agency specifically provides for the matters that are the contents of the relevant Acts and subordinate statutes in the form of administrative rules, such administrative rules are not the general effect of the administrative rules as seen above, but the administrative agencies are specific of the statutes.

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