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(영문) 광주고등법원 2019.12.26 2019누11964
국가유공자요건비해당결정처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court concerning this case cited in the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is dismissed as follows. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

3 The 3th one set of “(1)” was written “.........”

Under the 7th five parallels, the "Enforcement Decree of the Act on the Persons of Distinguished Services to the State" (attached Table 1), "Enforcement Decree of the Act on the Persons of Distinguished Services to the State" (attached Table 1), "Article 3 [Attachment 1] 2 of the Enforcement Decree of the Act on the Persons of Distinguished Services to the State, Article 2 [Attachment 1] 1 through 12 of the Enforcement Decree

8. The phrase “(2)” in the 7th parallels to 10 parallels are as follows. 2) The circumstance under which the injury in the instant case was caused or aggravated due to the Plaintiff’s performance of duties or education and training during the Plaintiff’s military service is not verified through objective evidence. Furthermore, considering the following medical opinions, etc. of the CAssociation’s appraisal that reviewed the medical records related to the injury in the instant case, the risk inherent in the performance of duties or education and training during the military service is not realized. Therefore, it cannot be inferred that there is a proximate causal relation between the Plaintiff’s education and training during the Plaintiff’s military service, the performance of duties, and the occurrence or aggravation of the injury in the instant case.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and it is dismissed as the plaintiff's appeal is dismissed.

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