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(영문) 서울고등법원 2017.12.13 2016누80115
장해등급결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s determination of the disability grade against the Plaintiff on March 23, 2015.

Reasons

1. The reasons why the court should explain this part of the disposition are as stated in Article 8(2) of the Administrative Litigation Act, the main text of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the first instance judgment is the same as that of Article 1(1) (Articles 2 and 16) in addition to the fact that “ March 24, 2015” was “ March 23, 2015.”

2. Whether the instant disposition is lawful

A. The court's explanation on this part of the plaintiff's assertion is the same as the corresponding part of the judgment of the court of first instance (from 19 to 21). Thus, this part of the plaintiff's assertion is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

B. The reasoning for the court’s explanation on this part is as follows: (a) the pertinent part of the reasoning of the first instance judgment (from the first to the last 10th place) is the same with that of the first instance judgment, except for the addition of the following between the 9th 25 and 26 of the first instance judgment; and (b) therefore, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act, Article 420 of the Civil Procedure Act.

"A person who has lost his/her fingers properly" in attached Table 6 of the Decree refers to a person who has lost at least 1/2 of his/her fingers (referring to a son's fingers from ground to ground level, and other fingers from ground level to end group) and a person whose physical area of his/her fingers or 1 balance pipe of his/her fingers is restricted by at least 1/2 of his/her fingers.

A person shall be appointed.

C. The reasons why the court should explain this part of the medical opinion are as stated in the corresponding part of the judgment of the first instance except for dismissal or addition of part of the judgment of the first instance as follows. Thus, this part of the judgment of the first instance is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added between the 3rd parallel and 5:

Han National Forestry University;

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