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(영문) 서울고등법원 2016.12.08 2015누53031

국가유공자비해당결정처분취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is the same as the reasoning of the judgment of the court of first instance, except for the following changes and additions, thereby citing it as is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. 변경ㆍ추가하는 부분 ◎ 제1심판결문 제5면 제9행의 “감암술”을 “감압술”로 변경한다.

◎ 제1심판결문 제5면 제12행, 제6면 제11행, 제7면 제7행의 “이 법원”을 각 “제1심법원”으로 변경한다.

◎ 제1심판결문 제6면 제9행 아래에 다음 내용을 추가한다.

5) Medical opinion (the result of the fact-finding conducted by the court of the first instance on the director of the National University of Maternology and the result of the medical record appraisal entrusted to the director of the Seoul National University Hospital), the Plaintiff’s inner eye malib is reasonable to view that Malib is close to Belgium, rather than Hunte-gun, rather than Hunte-gun. On October 14, 2009 through November 6, 2009 on the record of the medical record, MRI was deemed to have not been implemented during the period of hospitalization of the National Armed Forces Hospital, and that Mali was not implemented during the period of admission of the National Armed Forces Hospital of Korea, and the degree of Malibom in the Belgium was rapidly omitted, and thus, it was difficult to prove that Malibal pressure was the most unique cause of the Plaintiff’s Malibome and me did not have any connection with the Plaintiff’s symptoms, unless it was proved that the Malibome me was not able to me.