logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2016.10.19 2015누12031
국가유공자요건비해당결정취소
Text

1. Upon receiving a claim for change in exchange at the trial, the Defendant’s person eligible for veteran’s compensation rendered to the Plaintiff on April 2, 2014.

Reasons

1. The reasons why the court should explain this part of the particulars of the disposition are as stated in Paragraph 1. of the reasoning of the judgment of the first instance except for the dismissal as follows. Thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The Act on the Compensation for Veterans' Compensation in Part 5 of the third judgment of the court of first instance shall be applied to the Act on the Compensation for Veterans' Compensation.

Part 3 of the judgment of the first instance court (hereinafter referred to as the "disposition in this case") is referred to as "(hereinafter referred to as "limited to the corresponding decision-making disposition which is not a person eligible for veteran's compensation")".

2. Whether the instant disposition is lawful

A. As between December 24, 2012 and December 31, 2012, when the Plaintiff had worked as the head of B law office, the Plaintiff’s assertion fully lost the right hearing due to occupational stress, etc. caused by noise lawsuits and other important and urgent pending issues of the State, and the occurrence of this name and arbitrariity, the Plaintiff’s assertion should be registered as a person eligible for veteran’s compensation pursuant to Article 2(1)2 of the Patriots and Veterans Compensation Act.

Nevertheless, since the defendant rejected the plaintiff's application for registration of a person eligible for veteran's compensation, the disposition of this case must be revoked as unlawful.

B. The reasons why the court should explain this part of the relevant statutes are 2.B of the reasoning of the judgment of the court of first instance.

Since it is the same as the statement in the port, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

C. The facts under the recognition do not conflict between the parties, or can be acknowledged in full view of the purport of the pleadings, based on the results of the fact inquiries into the legal branch of the Air Force Headquarters of the first instance court, as a result of the fact inquiries into the following: Gap's evidence No. 10, Eul's evidence No. 10, and Eul's evidence No. 1 to No. 3; the results of the physical examination of the head of the High School Regulatory Hospital of the High School of the first instance court and the head of the High School Hospital of the High School of the High School of the High School of the High School of the High School

1...

arrow