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(영문) 서울고등법원 2017.09.15 2017누53158

국가유공자요건비해당결정취소

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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 of the court's explanation of this case is as follows, except for the supplementary determination as to the issue alleged by the plaintiff, which is emphasized by the court of first instance, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Thus, this is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

【Supplementary judgment】 Although the Plaintiff asserted that he was exposed to chemical drugs that caused the instant injury, such as enteben, paint, and siren for a long time during military service, it is not sufficient to recognize the record of No. 7 and the fact-finding results of the first instance court to the Minister of National Defense, and there is no other evidence to acknowledge it otherwise.

The plaintiff asserts that even if the period of exposure to the above chemical was shorter than the period, it could be the cause of the injury in this case according to the exposure route and the exposure intensity, and based on the opinion of the professional examiners of the first instance court. However, the above professional examiners' opinion was merely presented the possibility of being able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to

The Plaintiff asserted that the certificate of birth before entering the military, which was pointed out by the judgment of the first instance court as the cause of the instant difference, cannot be the cause of the instant difference. However, the burden of proving proximate causal relation between the military service and the instant difference is the Plaintiff, and that the Plaintiff slurgddddddddddddddddddddddddddddddddddddddddg

2. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and it is so decided as per Disposition by the plaintiff's appeal of this case.