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(영문) 서울고등법원 2017.03.17 2016누62087

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 court of first instance held that the plaintiff's assertion that "it is unlawful to recognize that the plaintiff suffered from violence against his superior on February 7, 1973 that he had been in military service and damage to Cheongne, Cheongneological harm, and the bones, and that the defendant caused or aggravated injury to the plaintiff due to military service or education and training," was not sufficient to recognize that the plaintiff's injury to the person who rendered distinguished service to the State and caused non-applicable for veteran's compensation to the plaintiff was caused by military service or education and training, or that there was a proximate causal relation with the military service's duty." The court of first instance held that "the plaintiff's assertion is not acceptable since the evidence submitted by the plaintiff alone was insufficient to recognize that the injury to the plaintiff was caused by violence against his superior on February 7, 1973, and that the plaintiff sustained from 197 after 7 months after the examination and treatment of the defendant was conducted for 197 months after the completion of 197 months after the examination and treatment of the defendant's disease."