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(영문) 서울고등법원 2019.04.03 2018누42506
공무상요양불승인처분취소
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 grounds for admitting and amending the judgment of the court of first instance are as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except for adding the judgment as to the contents asserted by the plaintiff in the court of first instance to the corresponding part as set forth in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The second and fourth pages 4 of the first instance judgment " July 28, 2015" shall be deemed to be " March 14, 2016".

"Articles 29 through 25" in Chapter 4 of the first instance judgment shall be "Articles 29 through 35."

In the first instance judgment, the part of the "reasonable Enforcement Decree of the Industrial Accident Compensation Insurance Act" in the fourth 26th 26th 5th 7th 7th 7th 7th 7th 6th

The former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 28506, Dec. 26, 2017; hereinafter “former Enforcement Decree of the Industrial Accident Compensation Insurance Act”).

Article 2 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) shall apply to foreign diplomatic missions in Korea.

(1) Article 33(1) of the Vienna Convention, which has the same effect as that of a domestic law, provides that “Diplomatics shall be exempt from the provision of social security in force in the receiving State with respect to their services provided for the sending State,” so the Embassy of this case, notwithstanding the provision of Article 2 of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act, shall be deemed to be a workplace to which the Industrial Accident Compensation Insurance Act is not applicable. The Enforcement Decree of the Industrial Accident Compensation Insurance Act, from 5th to 14th in the first instance judgment, shall be deemed to be the former Enforcement Decree of the Industrial Accident Compensation Insurance Act.

2. Additional matters to be determined;

A. The Plaintiff’s assertion 1) Article 1(f) of the Vienna Convention refers to a technician who is replaced at a two to three-yearly intervals, which has been in the sending State, and the Vienna Convention.

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