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(영문) 서울고등법원 2016.12.22 2016누64953

국가유공자요건비해당결정취소

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, and thus, citing this case in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(A) If the defendant asserts in the trial of the court of first instance as alleged in the first instance, and all evidence submitted in the first instance, the plaintiff is deemed to fall under class 7 of the disability rating since it is reasonable to view that the plaintiff's claim constitutes a "person who clearly shows the satisfiness in the examination, such as X-ray shooting, regardless of appropriate treatment," as provided in the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, and that the change after credit due to damage to the satisfy in the satisfy, regardless of appropriate treatment, falls under class 7 of the disability rating, since it constitutes a "person who has a satisfy functional disorder in the satisfy in one part of the three sections of the third sections of one bridge". Accordingly, the plaintiff's claim is accepted