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(영문) 대전고등법원 2018.10.11 2018누11409

국가유공자등급변경

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. The reasoning of the court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for the addition of Paragraph (2). Thus, this 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.

2. The following is added to the first instance judgment No. 4 of the first instance court’s 11, “(the deceased shall not be deemed to be in violation of the spirit of the Constitution on the Honorable Treatment of Persons, etc. of Distinguished Service to the State,” and there is no separate method or procedure to dispute the disability rating granted after the patient suffering from actual aftereffects of defoliants or the Acts and subordinate statutes of persons of distinguished Service to the State. However, as long as the deceased had been given an opportunity to dispute the disability rating under the first instance judgment before and after the death of the patient suffering from actual aftereffects of defoliants, his bereaved family does not have any opportunity or qualification to dispute the disability rating of persons of distinguished Service to the State.” 3. Accordingly, the Plaintiff’s request should be dismissed for the reason that the judgment of the first instance is justifiable, and the Plaintiff’s appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.