(영문) 대전고등법원 2018.12.05 2017누12566



The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.


1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the supplement of the reasoning of the judgment of the court of first instance under paragraph (2). Thus, the court's explanation as to this case is citing it in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of

2. Following the first instance trial, the Plaintiff continued to be in the military trial, and there was no difference in the instant case before entering the military, and during the course of receiving the education for new illness at the 32th Military Service Corps at the 32th Military Service Corps at the Army, the Plaintiff was subject to serious violence on the part of the head from the training soldiers on the part of the head, resulting in brain damage, and was subject to treatment for 3-4 consecutive times during the training period for new illness, and the injury in the instant case was caused, or aggravated by the group of the appointed soldiers during the Plaintiff’s military service.

Therefore, the court of first instance and the first instance stated the Plaintiff’s assertion that the Plaintiff had a game even before he reached the age of 10 on the beds (Evidence B No. 3) and comprehensively takes account of the lack of evidence to prove that the Plaintiff suffered two traumas due to the assault as alleged by the Plaintiff, the court rejected the instant assertion solely on the basis that there is no sufficient evidence to acknowledge that the instant wound occurred or aggravated due to the assault by an appointed soldier during military service.

In addition to various evidences revealed by the first instance trial, in particular, the contents of the food training room or training conducted by the Plaintiff in the training center of the 32th sergeant training team and the Hongcheon Yacheon Ying school are recorded in detail. However, there is no statement about the fact that there was a food training room due to violence from an appointed soldier. Of the beds, there was a sport even before the Plaintiff is 10 years of age.

“A false statement is made for early discharge, as alleged by the Plaintiff.”