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(영문) 서울고등법원 2020.12.18. 선고 2020누42998 판결
장애등급결정처분취소
Cases

2020Nu4298 Revocation of Disposition to revoke a disability rating

Plaintiff Appellant

A

Defendant Elives

Head of Gwanak-gu Seoul Special Metropolitan City

The first instance judgment

Seoul Administrative Court Decision 2019Gudan9620 decided April 22, 2020

Conclusion of Pleadings

November 20, 2020

Imposition of Judgment

December 18, 2020

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the first instance is revoked. The Defendant’s decision on May 10, 2019 against the Plaintiff is revoked.

Reasons

1. Quotation of the first instance judgment

The ground for appeal by the plaintiff is not significantly different from the argument in the first instance court, and even if the evidence submitted in the first instance court was presented to this court, it is hard to view that there was an error of law in the disposition of this case, which judged the plaintiff's functional disorder as a grade 6 with respect to the plaintiff's functional disorder, and as to the plaintiff's non-functional disorder as a disability grade 4-1 and 2, the judgment of the first instance court is justifiable (According to the evidence No. 3, evidence No. 4-1 and evidence No. 2, according to the records of the records conducted on September 24, 2020 with respect to the plaintiff, it is hard to view that the results of the examination of the court of first instance, such as the 3-4th class and the 3rd class 4th class 6th class 4 level 6 level 6 level 6 level 6 level 6 level 3-4 level 3 level 6 level 4 level 6 level 4 level 4 level 6 level 4 level 6 level 6 level 3 level 4 level 6 level 6 level 6 level 6 level 6 level 6.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance, except where the 'accident 9' following the third letter box of the judgment of the court of first instance is viewed as the 'accident on or around March 10, 2015'. Thus, this court cites it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges

The presiding judge, the senior judge;

Judges Lee Jin-hee

Judges Kim Gin-han

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