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(영문) 서울고등법원 2015.09.24 2015누33587
국가유공자 신체검사결과에 대한 이의제기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the disposition are the same as that of the corresponding part of the judgment of the court of first instance. Thus, the reasons are cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. Although the difference between the Plaintiff’s assertion and the instant case shows that the Plaintiff’s right broom is external appearance, the Plaintiff’s instant disposition based on a different premise constitutes class 7 of the disability rating is unlawful.

(b) Article 6-4 (Classification of Disability Ratings) (1) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (Amended by Act No. 11041, Sep. 15, 2011) (1) A person subject to physical examination under Article 6-3 (1) shall be classified into Grade I, Grade II, Grade III, Grade IV, Grade V, Grade V, Grade VI, and Grade VII according to the degree of disability.

(2) Matters necessary for the classification and determination of disability ratings under paragraph (1) shall be prescribed by Presidential Decree.

This Act shall enter into force on July 1, 2012, under Article 1 of the Addenda (Enforcement Date).

(2) The previous provisions shall apply to the registration of persons who have rendered distinguished services to the State, their bereaved families or families, and those who have made an application for registration to become persons falling under Article 73-2 at the time this Act enters into force.

Article 14 (Classification, etc. of Disability Ratings) (2) Matters concerning methods of determining physical disability and methods of measuring physical disability and methods of measuring physical disability of grade VI or higher shall be prescribed by Ordinance of the Prime Minister.

(3) Classification of disability ratings according to the degree of physical disability shall be as specified in attached Table 3.

[Attachment 3] A disability rating classification table (related to Article 14(3)) 7th 801th 7th 801 and supages, cupages, supages, dogs, and pelpels.

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