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(영문) 서울고등법원(춘천) 2020.02.19 2019누1550
국가유공자및보훈보상대상자 비해당결정취소
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 grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence duly adopted and examined by the court of first instance and the evidence additionally adopted and examined by this court are justified in the findings of fact in the court of first instance

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the modification and addition of some contents as follows. Thus, it is accepted by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Among the grounds of the judgment of the first instance, each “this court” shall be amended to “court of the first instance.”

The following shall be added to the sixth letter boxes of the first instance judgment:

[7) As to the fact-finding of this Court, the medical specialist of the Gangwon University Hospital explained the causal relationship between the frame of 1. existing and the restriction on the present ornamental movement. 2. The possibility is very low that several times of medical examination and treatment due to the examination of genetic rearguritis in the medical care benefits of the Plaintiff may be related to the difference before 35 years. 3. The restriction on the Plaintiff’s exercise at present is deemed difficult to be deemed to continue to be a post-regulative gift due to the difference, and it is deemed that the reargul disease is the cause of the reargulative disease.”

The 6th sentence of the judgment of the first instance is amended as follows: “The result of each physical examination entrusted by each court of the first instance”; and “the result of fact inquiry” as “the result of each fact inquiry by the court of the first instance and the court of this case” respectively.

The 7th instance judgment added “the results of fact-finding with respect to the Gangwon University Hospital of this Court” to the end of the 6th instance judgment.

2. In conclusion, the judgment of the court of first instance is just and without merit, and it is so decided as per Disposition by the assent of all participating Justices.

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