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(영문) 서울고등법원 2014.12.24 2014누50875
위로금등지급신청기각결정취소
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 reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance, except for the cases where part of the judgment is changed as stated in the following Paragraph (2). Thus, it shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Article 19 of the Criminal Procedure Act provides that “A person must prove that he/she has suffered a disability” in Part 3 of the judgment of the court of first instance (see Supreme Court Decision 2013Du9236, Jul. 25, 2013) shall be certified to prove that he/she has suffered a disability.”

B. In light of the above, the witness D’s testimony as shown in the Plaintiff’s argument is insufficient to recognize that the deceased sustained a permanent loss or reduction of labor force during the compulsory mobilization period, and in full view of the contents and the above legal principles, the evidence submitted by the Plaintiff, such as the circumstances alleged by the Plaintiff up to the appellate trial and the witness testimony by the first instance court, are insufficient to recognize that the deceased suffered a loss or reduction in labor force during the compulsory mobilization period, solely on the evidence submitted by the Plaintiff, such as the witness witness testimony by the first instance court Nos. 4 and 4, and witness testimony by the first instance court, it is insufficient to recognize that the deceased suffered a loss or reduction in labor force during the compulsory mobilization period.”

3. Thus, the plaintiff's appeal is dismissed as it is without merit.

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