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(영문) 부산고등법원 2017.11.08 2017누22749
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

The reasoning of the judgment of the court of first instance cited this case is as follows, except for adding the following judgments as to the grounds for which the plaintiff asserts again, and thus, it is consistent with the reasoning of the judgment of the court of first instance. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

The so-called administrative rules, which are issued by a superior administrative agency to determine the business process guidelines or the criteria for the interpretation and application of Acts and subordinate statutes with respect to subordinate administrative agencies, are generally effective only within the administrative organization and do not have external binding power. However, if the provisions of Acts and subordinate statutes are not specified in the procedure or method of exercising authority when granting authority to a specific administrative agency to determine the specific matters of the Acts and subordinate statutes, and if the delegated administrative agency specifically provides for the matters to be contents of the Acts and subordinate statutes in the form of administrative rules, such administrative rules do not have the general effect of administrative rules as seen above, but have the function to supplement the contents of the statutes in accordance with the validity of the provisions of the Acts and subordinate statutes which grant authority to supplement the specific matters of the statutes to the administrative agency. Accordingly, such administrative rules have the effect of external binding legal orders in combination with

(see, e.g., Supreme Court Decision 2006Du3742, Mar. 27, 2008). Article 57 of the Industrial Accident Compensation Insurance Act provides that disability benefits shall be paid to a worker when he/she is cured of an injury or disease due to an occupational reason and has a physical disability, etc. after the worker is cured of such injury or disease (paragraph (1)), and disability benefits shall be disability compensation annuities or lump-sum disability compensation benefits provided for in attached Table 2 according to the disability grade, and the criteria for disability grade shall

(2) subsection (2). The above delegation shall be made.

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