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(영문) 서울고등법원 2016.09.28 2015누70265
장해등급결정처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The court's explanation concerning this part of the disposition is the same as the corresponding part of the judgment of the court of first instance (as stated in the second to third) in addition to adding "the position of the satisfaction of the party" in the front of the second to seventh of the judgment of the court of first instance. Thus, it shall be accepted as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The degree of the Plaintiff’s plepy disorder constitutes class 3 subparag. 4 [Attachment 6] of Article 53(1) [Attachment 6] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and the Defendant’s disposition of this case was unlawful on the premise that the Plaintiff’s plepy disorder falls under class 7 subparag. 5 of the Industrial Accident Compensation Insurance Act.

(b) as shown in the attached Form of the relevant statutes;

C. The content of this part of the medical opinion is as stated in the corresponding part of the judgment of the first instance except for the dismissal or addition of the part of the judgment of the first instance as follows. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Part III through 18, under Part III, shall be transferred to the title "A reply to the Conference on Opinions of the Republic of Korea and Jeju", and the following shall be added thereto:

No. 4. D.C. 19 "Appraisal" means "Appraisal of the first instance court" on the third 3rd 19th 19 "No. 19 "No. 19" "No. 19 "No. 19" "No. 19 "No. 19" means "Appraisal of the first instance court."

The following shall be added to the second place below:

“(4) The results of fact-finding on the director of the Gangnam-gu University of the Republic of Korea (hereinafter referred to as the “Labor”) are the prior meaning of “the fact-finding” related to the outside of the General Port.

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