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(영문) 대법원 2014.11.13.선고 2013두18193 판결

특수임무수행자비해당결정처분취소

Cases

2013du18193 Revocation of revocation of the determination that is not a person who performed a special military mission

Plaintiff, Appellee

A person shall be appointed.

Defendant, Appellant

Persons of Special Military Service Compensation Deliberation Committee

Judgment of the lower court

Seoul High Court Decision 2012Nu21286 Decided July 25, 2013

Imposition of Judgment

November 13, 2014

Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant.

Reasons

The grounds of appeal are examined.

According to the reasoning of the judgment of the court below, the court below partially accepted the judgment of the court of first instance and recognized the facts as stated in its reasoning, and determined that the education unit of the Ministry of Education is the object of a person who performed a special military mission since the plaintiff completed the education and training course for the performance of a special mission in the educational unit of the Ministry of Education, based on the following facts: (a) the information unit published by the Air Force Bureau and the Air Force Information Bureau of the Republic of Korea appears to have been conducted by the Air Force of the Republic of Korea; and (b) the information unit published by the Air Force Bureau and the Air Force Information Bureau of the Republic of Korea, which described that the Air Force Special Stage was drafted into the 90 Special Stage of the Air Force and provided an overlapping education unit of the Ministry of Education.

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there is no violation of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jae-young

Justices Kwon Soon-il

Justices Min Il-young

Justices Park Poe-young

Justices Kim Jae-han

심급 사건
-서울고등법원 2013.7.25.선고 2012누21286