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(영문) 서울고등법원 2017.03.10 2016누65680
국가유공자및보훈보상대상자비해당결정취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the court of first instance to the following. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. The second 3 pages of the judgment of the court of first instance, which was written down by this court, shall be deemed to have been discharged “..... was discharged” and the second 8 pages of the discharge “.......” respectively, shall be deemed to have been rescinded.

3. The Plaintiff asserts in this court that “The instant difference was caused by the Plaintiff’s military service,” and even if the instant difference was the Plaintiff’s personal disease, the progress of the instant difference is deemed to have been rapidly continued due to military service. Therefore, there is a proximate causal relation between the instant difference and the official duties.”

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. The first instance court's decision rejecting the plaintiff's assertion for the same reasons as the above, even after examining all the evidence submitted in the first instance court, is justifiable, and otherwise, the plaintiff did not submit new evidence to reverse the above decision in this court. Thus, the plaintiff's above argument

4. The plaintiff's claim is without merit.

In conclusion, the judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing plaintiff.

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