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(영문) 대전고등법원 청주재판부 2015.12.8.선고 2015누10460 판결
국가유공자상이등급미달결정처분취소
Cases

(Cheongju)Revocation of revocation of a decision not to reach a disability rating for persons of distinguished service to the State;

Plaintiff-Appellant

A

Defendant Appellant

Head of Cheongju Veterans Branch Office

The first instance judgment

Cheongju District Court Decision 2013Guhap1435 Decided April 17, 2014

Judgment before remanding

Daejeon High Court (Cheongju) Decision 2014Nu5232 Decided December 17, 2014

Judgment of remand

Supreme Court Decision 2015Du35192 Decided April 23, 2015

Conclusion of Pleadings

November 10, 2015

Imposition of Judgment

December 8, 2015

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Claim: The Defendant’s decision that rendered distinguished services to the State on April 29, 2013 was revoked.

2. Purport of appeal: Revocation of the judgment of the first instance. The plaintiff's claim is dismissed.

Reasons

1. Quotation of the first instance judgment

The reasoning of the court’s reasoning is as follows: (a) No. 8, which is additionally submitted as evidence inconsistent with the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance, except for adding the lack of the first instance court’s decision to the subsequent date; and (b) thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act

2. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

Judges

The presiding judge, the senior judge and the senior judge.

Judges Shin Young-jin

Judges Lee Jae-soo

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