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(영문) 서울고등법원(춘천) 2015.07.22 2014누1418
국가유공자유족비해당결정취소
Text

The judgment of the first instance shall be modified as follows:

The defendant limited on June 3, 2013 to the plaintiff.

Reasons

In accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, the part of the reasoning of the judgment of the first instance that partially accepted the judgment of the court of first instance concerning “1. The Plaintiff’s assertion” and “the pertinent Act and subordinate statutes” among the grounds of the judgment of the court of first instance, shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. However, the Plaintiff’s withdrawal of the allegation that the part concerning “mine

The following facts can be acknowledged in full view of the evidence mentioned above such as the background and progress of the injury and disease, medical opinions, etc., Gap evidence 3 through 8, Gap evidence 18 through 26, Eul evidence 29 and 30, Eul evidence 8, Eul evidence 8, the result of the first instance appraiser C's physical appraisal entrustment to the first instance appraiser C, C's reply to fact inquiry by the court of first instance, and the purport of the whole pleadings in the testimony of the witness D of the party.

(1) The Plaintiff had a record of treating her pains, such as “hyebrate, bones, and other congrative signboards accompanied by the nephical disease certificate,” “gyebrate-flurine, accompanied by the nephical disease certificate,” but there is no record of receiving treatment on the left-hand slot part.

(2) From May 30, 2011, the Plaintiff entered the Republic of Korea on December 7, 2010 to the same year.

6.4. Until April, he participated in the shooting training, and was under the training of mountain obstacles, he appealeded for the training and kneee-free cars to board the military vehicle and return it to the military unit, after the training was completed.

Since then, the plaintiff has continuously appealed on the left-hand side knee, such as the plaintiff is unable to sit on a two-way bridge.

(3) From the time of admission to the Republic of Korea, the Plaintiff treated kneeoman in the Daegu Hospital and the Korea National University Cancer Hospital, and the main contents of each medical record are as follows.

On July 28, 2011 through the 8th day of the following month, the Armed Forces Daegu Hospital;

8.16. and the following.

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