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(영문) 서울고등법원 2016.08.25 2015누57767

국가유공자비해당결정 취소

Text

1. Revocation of the first instance judgment.

2. The Defendant limited to the Plaintiff on May 21, 2014.

Reasons

1. Details of the disposition;

A. On February 3, 1955, the Plaintiff, while serving in the Army, was killed in the left arms and legs due to mine explosion on January 1, 1956, and was injured by the earth. The Plaintiff discharged from active service on March 20, 1956.

B. On June 14, 2010, the Plaintiff filed an application for registration of a person who rendered distinguished services to the State with respect to the Defendant on the ground that “the Plaintiff was unable to use his/her left arms and legs due to neal damage caused to the left part and the left part of the bridge (hereinafter “instant injury”). However, on December 6, 2010, the Defendant rendered a non-conformity decision on the requirements for persons who rendered distinguished services to the State (hereinafter “instant previous disposition”) on the ground that there was no objective data, such as a beds to find a proximate causal relation between the instant injury and the military service.

C. On December 14, 2012, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the previous disposition of this case as Seoul Administrative Court Decision 201Gudan4995, and the above court rendered a judgment revoking the previous disposition of this case on the ground that “The Plaintiff appears to have discharged the Plaintiff from active service on a war or on official duty while serving in the military, and there is a scambal multi-scamsive shock in the past on the Plaintiff’s arms and legs, and there is no scamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscam.”

(hereinafter the above lawsuit is referred to as “prior action”). D.

Since then, on August 21, 2013, the Board of Patriots and Veterans Entitlement (hereinafter referred to as "the defendant's injury") recognizes the "multi-salvatory anti-salutic leg" (hereinafter referred to as "multi-salutic leg").