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(영문) 대법원 2014.06.26 2014두3099
장해등급미달처분취소
Text

The judgment below is reversed, and the case is remanded to the Daegu High Court.

Reasons

The grounds of appeal are examined.

1. In full view of the circumstances indicated in its reasoning, the lower court determined as follows: (a) the Plaintiff’s instability caused by damage to the Plaintiff’s lusium is at least 7m and the instability caused by damage to the side lusium is at least 3m, and falls under 10m if the Plaintiff’s instability caused by damage to the side lusium constitutes 10m; (b) the Plaintiff constitutes a person whose disability classification number 7th class 807 of the former Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Ordinance of the Prime Minister No. 984, Jun. 29, 2012; hereinafter “former Enforcement Rule”) in [Attachment Table 4] of Article 8-3 of the former Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, “any person who has disorder in the function of the lusium, despite appropriate treatment, is above

2. However, we cannot agree with the above determination by the court below for the following reasons.

Article 14(3) [Attached Table 3] of the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Presidential Decree No. 23885, Jun. 27, 2012; hereinafter “former Enforcement Decree”) provides for a comprehensive grading standard according to the degree of disability to be determined under class 7 and 807 of the disability rating for "persons who have a functional disorder in the Gyeongdo in one part among the three sections of the three sections of one bridge" among those who have a functional disorder in the Do, and [Attachment Table 4] of Article 8-3 [Attachment Table 4] of the former Enforcement Decree of the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, that falls under class 7 and 807 of the disability rating."

On the other hand, where there are only two physical parts below the grade according to the "Standards for Comprehensive Determination of Injury Sources" in Article 8-4 [Attachment 5] of the Enforcement Rule of the former Act, even if there are two or more physical parts, the physical parts shall be determined as class 7 of the disability rating by integrating or aggregating them.

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