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(영문) 부산고등법원 2016.11.18 2016누20807
국가유공자등록거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The Plaintiff sought revocation of the disposition rejecting a person who rendered distinguished services to the State or a person eligible for veteran’s compensation that the Defendant rendered on March 9, 2015, and the court of first instance dismissed all the Plaintiff’s claims.

Therefore, since the Plaintiff did not appeal against the part on the claim for revocation of the disposition to refuse to provide distinguished service to the State while filing an appeal, the scope of the judgment of this court is limited to the part on the claim for revocation of the disposition to refuse to provide distinguished service to the State (On the other hand, the Plaintiff filed a lawsuit of this case on April 6, 2015, and filed a claim for revocation of the disposition to refuse to provide distinguished service to the State on March 9, 2016 while the first instance court continued to provide a claim for revocation of the disposition to revoke the disposition to refuse to provide distinguished service to the State. However, the person who has rendered distinguished service to the State and a person eligible for veteran are in a proximate causal relationship between the performance of his duty and education and training except for whether the duty or education and training are directly related to national defense and security, or the protection of the lives and property of the people, and the Defendant rendered a single disposition in accordance with the amended Act on Persons of Distinguished service to the State and the Patriots and Veterans Compensation Act, and the Plaintiff clearly presented the grounds for revocation of the disposition within the first instance judgment.

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