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(영문) 대법원 2017.05.30 2017두37284
국가유공자요건비해당결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Article 6-4 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter referred to as the "Act") provides for matters necessary for the classification and determination of a disability rating under Article 6-3 (1) to be determined by Presidential Decree, by comprehensively considering the degree of the disability of a person eligible for a physical examination classified into Grades 1, 2, 3, 4, 5, 6, and 7 (the former part of paragraph (1)), the criteria for the disability rating, the degree of restriction on social life, etc. (Article 2), and the classification and determination of a disability rating

(3) 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 (hereinafter “Decree”) 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,” and Article 14(3) provides that “the classification of disability ratings according to the degree of physical disability shall be as specified in attached Table 3,” and the classification of disability ratings according to the degree of physical disability shall be as specified in attached Table 3,” and provides that “a person who has a disability of Do in one section among the three sections of the three sections of a bridge in attached Table 3.”

Meanwhile, Article 8-3 of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Enforcement Rule”) provides that “The determination of a disability rating for each physical part of Article 14(2) of the Decree shall comply with the criteria in attached Table 4,” while Article 8-3 of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State shall be subject to the criteria in attached Table 4;

(a)in accordance with the disability rating list 7th 8122, “persons whose physical area of the audience is limited to not less than 1/4,” “persons whose physical area of the audience is limited to not less than 10 m (m) due to climatic damage despite appropriate treatment,” and “persons whose physical safety due to climatic damage is not less than 10 m (m)”, despite appropriate treatment, it is clear that the change after climatic damage from x-ray shooting, etc.

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