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(영문) 서울고등법원 2018.02.06 2016누81002

국가유공자비해당결정처분취소

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the following modifications, thereby citing it in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

Part 4 of the judgment of the court of first instance, 8 pages, “to direct approximately 10 persons of importance” shall be deleted.

B. The following is added to the 11th day below the letter of the first instance judgment.

The plaintiff has served as a major director, and managed 10 to 15 companies, performed duties such as incidental management, preparation for operations, etc., and the joint and several B groups of one company to which the plaintiff belongs, were performing duties to increase the number of companies in the front line in accordance with the first class of one company.

Although there was no objective data to verify the details of the plaintiff's excessive work, there was time to take part in the work due to military forces interviews, training preparation, etc., work on duty two to three times a month, and leave was given once a month.

C. The 9th end of the judgment of the court of first instance shall be followed as follows.

F) The court’s appraisal of medical records (the first instance court)

D. The following is added at the 11th instance judgment below.

(2) The final diagnosis name of the Plaintiff at this court cannot be the cause or opportunity for the mental fluoral disease, which is deemed to be “compicable mental fluor.” Although there are psychological causes of a mental fluoral disease, it is not yet revealed that there is a clear cause of a mental fluoral disease that is not an adult, or a recent psychological case after it became an issue, and it is believed that the biological cause, the biochemical chemical cause, and the psychological and social factor will be combined. The symptoms occur only when a person who has vulnerability to a mental fluoral disease is exposed to an adult, and is subject to environmental stress after being exposed to the death of an adult.