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(영문) 서울고등법원 2015.02.05 2014누57852
국가유공자등록거부처분취소
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 first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance, and thus, by Article 8(2) of the Administrative Litigation Act and the text of Article 420

The second part of the 10th part of the 2nd part of the 10th part is that "the instant disposition was taken" was "the rejection disposition against the registration of a person who has rendered distinguished services to the State (hereinafter "the instant disposition")", and the fifth part "radioactive dust" of the 11st part is "radiation", respectively.

The 7th parallel 10 to 8th parallel are as follows.

2) Article 4(1) of the Act on the Honorable Treatment and Support of Persons of Distinguished Service to the State provides that "any of the following persons who have rendered distinguished service to the State shall be entitled to honorable treatment under this Act", and Article 6-4 provides that "persons who have rendered distinguished service to the State shall be classified into Grade 1, Grade 2, Grade 3, Grade 4, Grade 5, Grade 6, and Grade 7 according to the degree of their disability" in Article 6-3(1) and that "matters necessary for the classification, determination, etc. of disability ratings under paragraph (1) shall be prescribed by Presidential Decree" in Article 6-3(3).

Accordingly, Article 14(2) of the Enforcement Decree of the same Act provides that “the method of determining physical disability and the method of measuring physical disability disorders shall be prescribed by Ordinance of the Prime Minister.” Article 14(3) of the same Act provides that “the classification of disability ratings depending on the degree of physical disability” shall be as specified in attached Table 3, and Article 14(3) of the Enforcement Decree of the same Act provides that “the degree of disability ratings shall be as specified in attached Table 3,” and Article 14(3) of the same Act provides that “the degree of disability rating 7 and classification number 8122 shall be as specified in attached Table 3, among “the degree of disability of bridge and sloping” of the classification table

In addition, Article 8-3 of the Enforcement Rule of the same Act provides that "the determination of a disability rating for each physical part shall be in accordance with the criteria in attached Table 4 pursuant to Article 14 (2) of the Decree."

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