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(영문) 대전고등법원 2018.01.18 2017재누50
국가유공자미해당결정처분취소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

원고는 1976. 11. 16. 군무원으로 채용되어, 1995. 9. 12.부터 정비근무대 폐품수집소 폐처리반 폐처리기사로 보직되어 근무하던 중 1996. 2. 13. 14:30 타이어 탈거 압착기로 폐타이어 탈거작업을 하던 중에 압착기 레버대가 튕기면서 원고의 우측 팔 상층 관절 부위를 충격하는 사고를 당하였다.

B. On September 7, 2012, the Plaintiff filed an application for registration with the Defendant on the ground that “A person who has rendered distinguished services to the State, while serving in the military on February 13, 1996, was killed in a pulmonary treatment team dismantlement of the end-of-life motor vehicle, who was in the military service, was fluored with a spatch pressure of a spatch, and shocked with the right arms, thereby causing a certificate of infection around the right shoulder, a certificate of extremely high-time infection in the right shoulder, and a certificate of conflict with the right shoulder.”

C. On February 5, 2013, the Defendant rendered a non-competent decision on the requirements for persons who rendered distinguished services to the military and persons eligible for veteran’s compensation (hereinafter collectively referred to as “instant disposition”) on the ground that “The Defendant did not recognize a proximate causal relation with the military performance, since the probability of satisfying satisfy satisfys is not verified by satisfy by satisfy, and that there is not a proximate causal relation with the military performance, the satisfy satisfy satisfys at the right right satisfy, and that there is a change in satisfy due to satisfying rather than an injury.”

On March 21, 2013, the Plaintiff filed the instant lawsuit seeking the revocation of the instant disposition and rendered a favorable judgment on April 25, 2014 from the first instance court (Seoul District Court 2013Gudan388) to the first instance court (Seoul District Court 2013Gudan388). However, on January 15, 2015, the appellate court (this Court 2014Nu10347) accepted the Defendant’s appeal and rendered a judgment “the first instance judgment is revoked, and the Plaintiff’s claim is dismissed” (hereinafter referred to as “the judgment for retrial”), and the appellate court (Supreme Court 2015Du37341) rendered a final appeal on May 14, 2015.

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