beta
(영문) 부산고등법원 2016.04.08 2015누23755

국가유공자등록거부처분등취소

Text

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 issues of the instant case and the judgment of the court of first instance

A. The key issue of the instant case was that there is no proximate causal relation between the Plaintiff’s injury of this case (defluence on the left side and the left-hand left-hand side) and the official duty, and thus, the instant disposition was rendered (a decision corresponding to the requirements of a person of distinguished service to the State and a decision corresponding to the requirements of a person eligible

Since then, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition (hereinafter referred to as “request for first administrative appeal”), which was served on January 15, 2015, and subsequently filed an administrative appeal seeking the revocation of the instant disposition (hereinafter referred to as “second administrative appeal claim”) and received a subsequent notification of dismissal on March 24, 2015. The Plaintiff filed the instant lawsuit seeking the revocation of the instant disposition on July 3, 2015.

On the other hand, the plaintiff asserts that there is a proximate causal relationship between the difference of this case and the disposition of this case, and the defendant asserts that the lawsuit of this case is unlawful even with the filing period.

Therefore, the key issue of the instant case is whether the time limit for filing the instant lawsuit has lapsed, and if the time limit for filing the suit has not lapsed, it is whether there is a proximate causal relation between the instant difference and the instant disposition.

(b) An action for cancellation of judgment by the court of first instance shall be brought within 90 days from the date on which a disposition, etc. is known: Provided, That in case of a request for administrative appeal, the original copy of the written adjudication shall be brought within 90 days from the date on which the original copy of the written adjudication is served (Article 20 (1) of the Administrative Litigation Act), and in order to take the date when the service of

On the other hand, as seen earlier, the appeal No. 2 of this case violates Article 51 of the Administrative Appeals Act that prohibits a request for a second trial against the same disposition, and thus is unlawful, the delivery date of the original written ruling is the time limit for filing the appeal of this case.