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(영문) 서울고등법원 2017.04.07 2016누42182
국가유공자 및 보훈보상대상자 요건 비해당처분 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

A. The reasoning for the judgment of the court of first instance is as follows. The reasoning for the judgment of the court of first instance concerning this case is as follows.

Except for the supplement of the grounds for the following judgment, the reasoning for the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Judgment】 The Defendant rendered the instant disposition on the ground that the Plaintiff’s degree of disability falls short of the degree of disability prescribed by the Act on Support for Persons Eligible for Veteran’s Compensation; however, the Defendant’s specific degree of disability falls short of the degree of disability prescribed by the Act on the Honorable Treatment and

3. It does not meet the disability rating criteria under the disability rating classification table (* even though the Coinoplaty was carried out after the coina, the deficit of the parts and sub-organizations around the coina but the deficit of the parts and sub-organizationss shall not be observed).

The plaintiff asserts that since the disposition of this case was made only on the ground that the defendant did not have "foreign loss" of the plaintiff after the closing of argument in the trial, the existence of "foreign loss" is only the issue of this case.

However, the defendant consistently asserts that "it is difficult to recognize the plaintiff's loss in the light of the time of the disposition in this case", but as seen above, the defendant's attached Table of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State."

3. As long as it was revealed that the instant disposition was conducted because it does not meet the criteria for disability ratings under the disability ratings classification table, it cannot be deemed that the instant disposition was rendered based only on whether it was a non-indicted loss loss.

Attached Table of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, indicated by the Defendant in the Disposition Report (A)

3. The disability ratings table shall be as follows: “for a person who has lost not less than 30 percent of external coaches and thereby has a light of his/her respiratory function, he/she shall be as Grade VII.”

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