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(영문) 부산고등법원 2020.10.23 2020누21340
국가유공자요건비해당결정취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is that the court of first instance, which cited the judgment of the court of first instance, shall state "this court" as "court of the first instance" and "the court of first instance" as "the court of first instance," and the reasoning of this case shall be as stated in Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, except where the plaintiff adds the judgment of the new argument to this court as stated in paragraph (2) below. Thus, it shall be cited as it is in accordance with Article 8 (2) of the

2. Additional determination

A. Even if the Plaintiff’s assertion that the instant wound occurred before entering the military, but the instant wound occurred after entering the military, and even if the Plaintiff’s instant wound was caused by the aggravation of chronic aggravation, not due to external wounds, it did not have been suffering from heavy hepatitis before entering the military, and even if the Plaintiff suffered from heavy infection before entering the military, there was no fact that the Plaintiff suffered from heavy hepatitis before entering the military.

Even if a person is a soldier or policeman on duty or a soldier or policeman under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”), or a soldier or policeman is defined as a soldier or policeman under the Act on the Support for Persons, etc. of Distinguished Services to the State (hereinafter “Act on Persons, etc. of Distinguished Services to the State”), taking into account the following factors: (a) the person’s severe infection was aggravated due to an unbrupted or unsanitary state due to a wound

Therefore, the instant disposition is unlawful on a different premise.

B. In addition to the circumstances described in the judgment of the court of first instance, the following circumstances, which are acknowledged by comprehensively taking account of the evidence and the overall purport of the arguments presented in the judgment of the court of first instance, namely, ① the instant wounds and the suspected causes thereof, are often diseases that occur frequently in society, and even based on the appraisal by the court of first instance.

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