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(영문) 부산고등법원 2015.02.06 2014누22809
국가유공자등록거부처분취소
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 issues of the instant case and the judgment of the court of first instance

A. On July 21, 2010 to 03:00, the Plaintiff, working as the key police officer of the instant case, conducted physical fighting with each other during the process of suppressing a person who was killed in a patrol vehicle from around 01:00 to at least 03:0, and on the same day to around 05:00, during the process of arresting an indecent act in the form of indecent act by force (hereinafter “instant accident”). Accordingly, on September 28, 2010, the Plaintiff was diagnosed as “the escape certificate of protruding signboards between 4,5 in the direction of 4,5,” and “the conical escape certificate between 6,7,” and “the conical escape certificate between 6, and 7,” (hereinafter “the instant wounds”). On October 11, 2010, the instant hospital was diagnosed as the “after the end of the pertinent hospital No. 4 and 5,” and received conjection from the said hospital.

On February 14, 2013, the Plaintiff applied for registration of a person of distinguished service to the Defendant on the ground that there was no causal relationship with official duties, and the Defendant did not constitute a person of distinguished service to the State or a person eligible for veteran’s compensation on June 21, 2013.

(hereinafter referred to as the “instant disposition”). The key issue of the instant case is whether there exists a proximate causal relationship between the instant difference and the Plaintiff’s performance of duties.

B. The judgment of the court of first instance at the court of first instance on Sep. 24, 2010 held that the plaintiff had a significant change in the MFS image taken by the plaintiff on Sep. 24, 2010, on the other hand, the degree of the escape between the 40th and the 5th parallel, while the degree of the escape between the 40th parallels was confirmed to be minor, and the escape from the string between the 60th parallels is understood to be by the "profl". The string of the strings appeared when the gap between the strings is narrow, and as such, the main cause of the difference in this case is a relatively small relation with the strings.

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