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(영문) 대구고등법원 2016.06.24 2015누7358
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 first instance court dismissed the Plaintiff’s claim against the Defendant as non-person of distinguished service to the State, and cited the part pertaining to the determination that was non-person of distinguished service to the State. Accordingly, the first instance court’s judgment is limited to the part pertaining to the determination that was non-person of distinguished service to the State, inasmuch as the Plaintiff and the Defendant appealed against each part of the Plaintiff’s loss, and only the Defendant’s appeal remains by withdrawing the appeal at the

2. The reasoning of the court's explanation concerning this case is that the "fest reaction" of the 7th judgment of the court of first instance is "fest reaction", and the "branating tensions" of the 12th judgment and the 9th judgment of the court of first instance are "bral tensionsulse tensions" of the 12th judgment and the 9th judgment of the same court, and the defendant's assertion at the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for adding the judgment, as described in the 3th judgment below, and thus, it is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3. Additional determination

A. Defendant’s assertion 1) Since November 201, 201, the Plaintiff received several medical examinations from the Military Health and Medical Service in the Socheon-gun and the Armed Forces Yangyang Hospital, etc., and the fact that the first injury and disease in the instant case was not early diagnosed at the Armed Forces Hospital around November 201, 201 that the Plaintiff did not receive any medical examination from time due to the Plaintiff’s performance of duties or education and training at the unit to which the Plaintiff belongs, and that there was no discovery of any abnormal opinion. This does not mean that the first instance court’s physical examination (in the case of the Plaintiff, the psychological problem that occurred while the military life was combined) (in the case of the Plaintiff, it is presumed that it was difficult to directly diagnose the two hearts and the old soil, etc. as a symptoms caused by tension.).

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