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(영문) 서울고등법원 2019.08.30 2019누34496
국가유공자요건비해당결정취소
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 even if the evidence submitted to the court of first instance (including reference materials attached to the reference documents submitted by the plaintiff on August 19, 2019) was presented to this court, the fact-finding and judgment of the court of first instance are deemed legitimate.

Therefore, the reasoning of the judgment of the court on this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal as follows. Thus, this court shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In the first instance court's decision No. 5, "the overall purport of evidence and arguments mentioned above" is "the evidence mentioned above, Gap evidence No. 7 through 10 (including each number, if any)", the result of the first instance court's entrustment of the examination of medical records with respect to the DNA medical source and appraisal, the results of inquiry into Dental Medical Center of the first instance court and the purport of the whole pleadings".

In light of the fact that “the brightness,” No. 6 of the judgment of the first instance court No. 7, “ according to this,” and the Plaintiff’s attorney on the other hand, at the first day of pleading of the first instance court, stated that “I know that there was symptoms during the recent few months, and I do not attend the hospital on a regular basis.”

2. In conclusion, the plaintiff's primary claim and conjunctive claim are all dismissed as they are without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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