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(영문) 부산고등법원 2019.09.20 2018누23817
상이등급 구분 등급판정 취소
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 reasoning of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the reasoning is cited in accordance with Article 8 (2) of the Administrative Litigation Act and

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is that the Plaintiff constitutes a person who has a disability in pedestrian, language, or hearing function due to the instant disability, and thus, constitutes a person who has a disability in pedestrian, hearing function, or hearing function, Article 14 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State”), and [Attachment 3] disability rating No. 3-4109 of the “persons of distinguished service to the State of Distinguished Service to the State of Distinguished Service” under the classification of disability rating No. 3-4109 of the “persons of distinguished service to the State of Distinguished Service to the State of Distinguished Service to the April 3”

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Article 6-4 of the Act on the Persons of Distinguished Services to the State provides that “The degree of disability under Article 6-3 (1) of the Act on the Persons of Distinguished Services to the State shall be determined by dividing it into Grade 1, Grade 2, Grade 3, Grade 4, Grade 5, Grade 6, and Grade 7 according to the degree of disability” (Article 6-3 (1). The criteria for the disability rating shall be determined by comprehensively considering different parts and patterns, the degree of restrictions on social life (Article 1(2)), and matters necessary for the classification and determination, etc. of the disability rating shall be prescribed by Presidential Decree (Article 14(3). The Enforcement Decree of the Act on the Persons of Distinguished Services to the State shall provide that “the matters concerning the method of determining physical disability and method of measuring physical disability disorder” under Article 14(2) shall be prescribed by Ordinance of the Prime Minister, and that [Attachment 3] shall be prescribed by Ordinance of the Prime Minister.

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