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(영문) 서울고등법원 2015.12.03 2015누43768
국가유공자요건비해당결정취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The grounds alleged by the Plaintiff in the trial while appealed from the judgment of the court of first instance are different from the contents alleged in the court of first instance. However, it is not different from the fact-finding and judgment of the court of first instance even if based on the evidence submitted by the Plaintiff in the trial and the fact-finding results in the fact-finding on the head of the Gangwon-do

(1) On November 27, 2015, after the conclusion of the pleadings in the instant case, the Plaintiff submitted as reference materials a letter of opinion from AD that, at the time of the Plaintiff’s visit the stage room to the address of the decline in the next day’s vision, it is highly probable that the occurrence or aggravation of the damage caused by the instant accident, including the yellow Ban, was likely to occur. In addition to the existing evidence, it cannot be recognized that there is a substantial causal relationship between the occurrence or aggravation of the damage by the instant accident and the performance of duties, or education and training. The reason why the court’s explanation regarding the instant case is the same as the reasons stated in the first instance judgment, and thus, it is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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