2014Du3433. Revocation of a decision that meets the requirements for persons who rendered distinguished services to the State

A

Head of Suwon Veterans Branch Office

Seoul High Court Decision 2013Nu19242 Decided January 16, 2014

January 28, 2016

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

The lower court acknowledged the facts and circumstances as indicated in its reasoning based on the adopted evidence, and determined that there was a proximate causal relationship between the Plaintiff’s superior service branch and the military service, on the ground that the Plaintiff’s injury and disease was caused by the aggravation of treatment due to continuous dynamics, ices, delay in treatment, etc., in addition to extreme stress that the Plaintiff’s injury and disease was incurred in the absence of adequate adaptation to the closed military life. In light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle

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 Kim Jae-young

Justices Lee In-bok, Counsel for the appeal

Justices Go Young-young

Justices Lee Dong-won