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(영문) 서울고등법원 2015.02.05 2013누31044
국가유공자등록거부처분취소
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 reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for the addition of the following paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. On the third part of the judgment of the court of first instance, the part “the results of the inquiry into the head of this court’s above hospital” added “the results of the inquiry into the head of this court’s above hospital” to “the results of the request for the examination of medical

(b)as of the fourth decision of the first instance, the following shall be added:

As a result of the examination of the medical records entrusted to the Korean Medical Doctor Association of the High Court - According to the results of the examination of the Korean Medical Records Association of the High Court - According to the results of the examination of the New Natural Merger Institute of the High National Military Hospital, it is judged that the degree of protruding is not serious compared to the degree of the accident in discussing the causal link between the accident and 100% of the accident although it is determined that the possibility of the occurrence of the accident occurred as the circumstance of the accident alleged by the Plaintiff is considered as the situation of the accident. - Although it is determined that the situation of the early CT protruding signboard may vary according to the criteria of the appraisal to such extent that it can be seen that the expansion or protruding can be seen as the early form of the escape of the protruding signboard, it is determined as protruding, which is the early form of the escape of the protruding signboard. - The change of the protruding nature in the MRI is clearly accompanied by the 4-5 trend, and it is difficult to see the causal relationship with the accident as 100%."

(c)the following shall be added between conduct 6 and 7 of the first instance judgment:

According to the result of the request of the medical record appraisal to the Korean Medical Association of the trial court, it is judged that the situation of the plaintiff's 4-5 protruding out, which is the initial form of the escape of the protruding, but it can be seen that the degree of protruding may not be severe, and that it is certain that it is accompanied by the change of protruding between the 4-5 main stream.

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