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(영문) 서울고등법원 2016.07.01 2015누1900
상이등급결정처분취소
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 reasons why the court should explain this part of the disposition are as stated in the corresponding part of the judgment of the court of first instance (as stated in the corresponding part of the judgment of the court of first instance from the last one to two pages 17). Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the disposition is lawful;

A. The Plaintiff’s instant wounds constituted disability ratings of Grade 6(2)4, 6(1)122, or 5 through 4, as prescribed by Article 14(3) [Attachment Table 3] of the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Presidential Decree No. 23885, Jun. 27, 2012), and thus, the instant disposition is unlawful.

B. Determination 1) Whether a person falls under class 6(2)44 of the above Enforcement Decree falls under [Attachment 3] Article 14(3) [Attachment 3] 6(2)4 of the above Enforcement Decree provides that “a person who is partially restricted in employment due to any functional disorder of the neurosis,” and class 7’s 401 of the above Enforcement Decree provides that “a person who is subject to the restriction on employment latitude due to any functional disorder of the psychotropic system,” and accordingly, Article 8-3 [Attachment 4] of the former Enforcement Rule of the same Act (amended by Ordinance of the Prime Minister No. 984, Jun. 29, 2012).

The disability grade 6th 2th 44 of the mid-term rupture boundary provides that “a person whose opinion is objectively confirmed, such as Madarism corresponding to Madar Madar Madar Madar Madar Madar Madar Madar Madar (Madar Madar Madar Madar), establishment of Madar Madar Madar, and Madar Madar Madar 401, who is subject to the restriction on employment Madar Madar Madar Madar Madar Madar (Madar Madar Madar Mad

B. Even if the above provisions can be seen as a unique diagnosis standard, such as the pelrais, the establishment of pelrais, and the reduction of root in the Group of Health, Complex M&D, it appears that the above opinion is essential.

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