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(영문) 대법원 2016.1.28. 선고 2014두10875 판결
국가유공자요건비해당결정처분취소
Cases

2014du10875 The revocation of revocation of a decision equivalent to the requirement for persons of distinguished service.

Plaintiff, Appellee

A

Defendant Appellant

The Head of Seoul Regional Veterans Administration

The judgment below

Seoul High Court Decision 2013Nu25841 Decided June 27, 2014

Imposition of Judgment

January 28, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The court below acknowledged the facts and circumstances as stated in its reasoning based on the adopted evidence, and determined that there is a proximate causal relation between the Plaintiff’s military branch of this case, which is the Plaintiff’s tuberculosis catus catus catus and its subsequent legacy, since it is reasonable to presume that the disease for which the Plaintiff was hospitalized in the Air Force Hospital during military service, and the Plaintiff’s tuberculosis catus catus was caused by the lack of nutrition in the course of education and work of the military after entering the military, the lack of nutrition, overwork, and stress. In light of the relevant legal principles and records, the court below did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on proximate causal relation. Therefore, the appeal is dismissed, and the costs of appeal are

Judges

Justices Kim Jae-young

Justices Lee In-bok, Counsel for the appeal

Justices Go Young-young

Justices Lee Dong-won

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