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대법원 2016.06.10 2016두33186
재판정신체검사 등급판정처분 취소 청구
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined.

1. A subordinate statute shall be interpreted to conform to the superior statute by comprehensively examining the contents, legislative intent, and history of the pertinent statute, except where the statute clearly conflicts with the superior statute and becomes invalid.

(See Supreme Court Decision 2010Du3527 Decided October 25, 2012, etc.). Article 6-4(1) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”) provides that “A person subject to a physical examination disability rating under Article 6-3(1) shall be judged as Grade I, II, III, IV, V, VI, and VII according to the degree of his/her disability,” and Article 6-4(3) of the same Act provides that “A person subject to a physical examination disability rating under Article 6-3(1) shall be determined by Presidential Decree,

Article 14(2) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State by delegation (hereinafter referred to as the "Decree") provides that "the matters concerning the method of determining physical disability and the method of measuring physical disability disorders shall be prescribed by Ordinance of the Prime Minister", and Article 14(3) provides that "the classification of disability ratings according to the degree of physical disability shall be

Accordingly, [Attachment 3] A disability rating table provides that "a person who has a functional disorder in the Do in the light of the three sections of the three sections of one bridge" in [Attachment 7] 8122 is "a person who has a functional disorder in the Do."

Meanwhile, Article 8-3 of the Enforcement Rule of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State (hereinafter “Enforcement Rule”) by re-delegations under Article 14(2) of the Decree provides that “The determination of disability ratings of different physical parts according to Article 14(2) of the Decree shall comply with the criteria in attached Table

Accordingly, the determination of a disability rating for each physical part of [Attachment 4] shall be as follows: "8. Bridges and slopings";

A. The content of disability ratings shall be as follows: (a) disability in Article 14(3) [Attachment 3] [Attachment 7] and Grade 8122 of the Decree; and (b) damage to the frame, regardless of appropriate treatment.

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