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(영문) 서울고등법원 2018.12.11 2018누44434
국가유공자요건비해당결정취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts to be filled or added below, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[However, the part of the "decision on the prime claim" which is not subject to the judgment of this court (Articles 3 and 5) is excluded. A.

The court of first instance shall open 7 - 7 - and 6 - from the 5th bottom of the judgment of the first instance to the "first instance court", respectively.

B. At the fifth bottom of the judgment of the court of first instance, the phrase “as it is inferred,” shall be rounded up to “as the result of the request for the appraisal of medical records to the head of the F Hospital in this Court alone is insufficient to reverse it.”

C. Part 7 of the judgment of the court of first instance, the 8th M&AS “K-WAS” shall be applied to “KWS”. D.

The following shall be added to 8.6 pages of the first instance judgment:

The medical record appraisal of this court presented the medical opinion that "no opinion exists that there exists a considerable external factors related to military service to the extent that the plaintiff's mental illness is rapidly aggravated due to the outbreak of the mental illness or the natural progress." However, the opinion of the above appraisal is difficult to accept for the following reasons.

① The above appraisal has not clearly presented the grounds for the above medical opinion.

② Even based on the opinion of the above appraisal, it is difficult to determine that there had been symptoms of mental illness prior to the admission, on the ground that the symptoms of mental disorder occurred in two to three weeks in the face of the injury.

It is difficult to see the other's speech well. The core of the other's speech is to be well understood. From time to time, from time to time, it is about the school as soon as possible. ③ The above appraisal is difficult to know about the medical record of the E Hospital on August 28, 2014 and to say that it is sound. The core of the other's talk is well known.

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