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(영문) 서울고등법원 2015.08.26 2015누35347
지원대상자비해당결정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Paragraph (1) shall apply to the reasoning of the judgment of the court of first instance that states the grounds for this part of the disposition.

Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Determination on the legitimacy of the instant disposition

A. The summary of the Plaintiff’s assertion is as follows, and thus, the disposition of this case must be revoked.

(1) The Plaintiff is using the abbreviation of “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” under the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State after suffering from the instant wound due to training during military service.

A person who satisfies the requirements prescribed in Article 73-2(1) of the Act on September 15, 201 (amended by Act No. 11041, Sept. 15, 201; hereinafter the same shall apply).

However, Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on Persons of Distinguished Service to the State (amended by Ordinance of the Prime Minister No. 984, Jun. 29, 2012) that was in force on January 20, 2014 when the instant disposition was in force, [Attachment 4], Article 8-3 of the Enforcement Rule of the Act on Persons of Distinguished Service to the State (amended by Ordinance of the Prime Minister No. 984, Jul. 1, 2012] (b) of the “decision on the grade of mutatis mutandis application” (hereinafter

(1) In the case of the Plaintiff, the Plaintiff provided that “A person who has a habitive tool (excluding congenitality) shall be granted the 7th grade (7124).” Therefore, the Plaintiff constitutes the 7th grade of disability (hereinafter “claim 1”).

(2) (2) The criteria for determining disability ratings under the Enforcement Rule of the Act on Persons of Distinguished Services to the State should be deemed to be the same as an exemplary provision. However, the Plaintiff is subject to considerable restrictions on the use of the shoulder joints in daily life due to the instant wounds, and the scope of exercise and incompleteness of both shoulder lines, and the result of physical assessment of the instant preceding action, etc., the Plaintiff constitutes at least Grade 7 804 of the disability rating (a person who has a function disorder in the longitude) (hereinafter “B assertion”).

B. Determination (1) An administrative disposition against the Plaintiff’s assertion is made under the transitional provisions.

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