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(영문) 대전고등법원 2016.06.16 2015누13480
상이등급변경
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 court's explanation concerning this part of the grounds for appeal is the same as that of the judgment of the court of first instance, and thus, this part is cited 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 purport of the Plaintiff’s assertion was that the deceased died of three scarbing scarbing on the chest, which constitutes class 3, class 5104 or class 5105 of the disability rating.

망인은 또한 우슬관절 관통상을 당하여 슬관절을 제대로 접고 펴지 못하였고, 발목관절도 제대로 접고 펴지 못했으며, 발바닥이 움푹 들어 가 제대로 걷지 못하였는데, 이는 상이등급 5급 8112호 혹은 6급 1항 8116호 혹은 6급 1항 8117호 혹은 6급 2항 8121호 혹은 6급 2항 8119호에 해당한다.

Therefore, the instant disposition that is determined by class 7 8122 of the disability rating on the ground that the instant disposition is unfair on the ground that it constitutes “a person who has a function disorder in Gyeongdo in one section among the three sections of one bridge.”

B. The reasoning for the court’s explanation on this part is the same as that of the judgment of the court of first instance, and thus, this part is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

C. As to the claim related to the 1st chest different body, the plaintiff asserted that the deceased died due to the three strike frighting on the chest 10 and 11, but the testimony of the witness witness D of the first instance court is in close relation to the plaintiff, and it is difficult to believe that the above D was contrary to the fact that the above D was in close relation to the plaintiff, and only the "slovas trade in the slovas book" was entered on the different register, and it is difficult to believe that the statement was a part of the evidence Nos. 18 through 22, and it is difficult to see that the person who made the statement is capable of properly memorying the work before 60 years as a person living in neighboring area, and that the content of the statement was spread to a boat.

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