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(영문) 서울고등법원 2015.01.20 2014누3411

국가유공자등록거부처분취소

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the “judgment on the plaintiff’s assertion of the trial” under the following Paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that the judgment on the plaintiff's argument of the trial of the trial is just and correct, and that "the occurrence of the wounds of this case occurred due to the harsh conduct during military service and the excessive training, so there is a proximate causal relation between the wounds of this case and the performance of duties of the military."

However, as examined in the judgment of the first instance court, it is difficult to view that there exists a proximate causal relation between the two different types of the instant case and the performance of military duties, and the result of each fact-finding with respect to the president of the National University Hospital of the Republic of Korea is merely a general and general content that "it may cause harsh conduct and excessive training during military service to cause the outbreak or aggravation of the different types of the instant case." Therefore, the plaintiff's above assertion is without merit.

3. The decision of the first instance court is just and without merit, and it is so decided as per Disposition by the assent of all participating Justices on the bench.