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(영문) 서울고등법원 2015.01.30 2013누29829

국가유공자등록신청거부처분취소

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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 court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the following changes. Thus, it shall be quoted as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following parts are added to the third 12 pages of the judgment of the first instance. “The testimony of the first 18 through 20, the witness E of the party examination, the first 1 of the party examination, and the fact-finding of the Marine Corps headquarters, which are submitted additionally in the trial, are difficult to view differently.

On April 21, 2008, the Plaintiff filed a lawsuit seeking revocation against the head of Gwangju Regional Veterans Office by filing an application for registration of persons who have rendered distinguished services to the State on the same ground as the instant application, but the claim was dismissed on September 17, 2009 (Seoul District Court 2008Guhap4473), and the appeal was dismissed on April 8, 2010, but the appeal was dismissed on April 8, 2010 (Gwanju High Court 2009Nu1890), but the appeal was dismissed on July 29, 2010.

(Supreme Court Decision 2010Du8560). On January 26, 2011, the Plaintiff filed a lawsuit seeking revocation against the Commissioner of the Gwangju Regional Veterans Office by filing an application for registration of persons who rendered distinguished services to the State on the same ground, but the claim was dismissed on June 30, 201 (Seoul District Court 201Guhap815), and the appeal was dismissed on November 24, 2011, but the judgment became final and conclusive.

(Seoul High Court 201Nu1343). On the other hand, the head of the Gwangju District Veterans Administration decided to recognize the plaintiff as a person eligible for veteran's compensation in November 2014 according to the adjudication of the administrative appeals commission.

[Attachment]

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