2015Du36614. Revocation of a decision that meets the requirements for persons of distinguished service to the State

A

The Head of the Seoul Southern Veterans Branch Office

Seoul High Court Decision 2014Nu54822 Decided January 8, 2015

May 14, 2015

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

After compiling the adopted evidence, the lower court acknowledged the facts as indicated in its reasoning. On May 31, 1992, the lower court determined that the instant disposition rejecting the Plaintiff’s application for registration of persons of distinguished service to the State was unlawful on a different premise, on the ground that the Plaintiff’s failure to file the application was caused by high-speed and pulpying on the left-hand side, which was incurred by the Plaintiff while performing his official duty.

In light of the records, the above fact-finding and judgment of the court below are just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the requirements of soldier or policeman wounded on duty or the proximate causal relation under Article 4(1)6 of the Act

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee In-bok

Justices Kim Yong-deok

Justices Ko Young-han

Justices Kim So-young