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(영문) 광주고등법원 2014.09.18 2013누1590
국가유공자요건비해당결정처분취소
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 reasons for the court’s explanation concerning this case, such as the acceptance of the judgment of the court of first instance, are the same as the part of the reasons for the judgment of the court of first instance, except for the dismissal or additional use as follows. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[고치거나 추가하여 쓰는 부분] 제3쪽 맨 아래에서 셋째 줄 “최근까지# 위와 같은 정실질환#을”을 “최근까지 위와 같은 정실질환을”로 고친다.

(D) Around May 9, 191, the Plaintiff complained for two times after being damaged by two parts due to an accident that occurred in the course of the suppression of demonstration on or around May 9, 191, and appeared to be a challengeed phenomenon, such as where the Plaintiff, alone, complained of two parts due to the group life, and entered the warehouse, etc., with the group life. However, there is a lack of grounds to regard this as the main symptoms of the stimulative disorder (the stimulative disorder), and further, the average period of the stimulative symptoms of the stimulative disorder is from 11 to 19 days (the stimulative period: 2 to 365 days). In light of the fact that the Plaintiff was diagnosed of the stimulative disorder after four years from the accident, it is difficult to view that the above phenomenon of the Plaintiff’s aforementioned phenomenon falls under the stimulative symptoms of the stimulative disorder disorder.

The fourth [based on recognition] column is “The fact that there has been no dispute, 1 through 10 of Gap evidence 3, 9-1, 2, 4, and 10 of Gap evidence, and the result of each entrustment of appraisal of medical records to the first instance court and the Korean Medical Association, the purport of all pleadings.”

In addition, the opinion that there is no evidence that there is no evidence to give the fifth heat third, is "no evidence, and it is difficult to see the fact that the second and the fact of the challenge of the plaintiff was the plaintiff as the symptoms of the plaintiff's mental illness or the symptoms of the war."

2. Thus, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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