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(영문) 대구고등법원 2017. 5. 26. 선고 2016누5168 판결
[국가유공자및보훈보상대상자비대상결정취소][미간행]
Plaintiff and Appellant

Plaintiff (Law Firm Lee & Lee, Attorneys Yoon In-sik et al., Counsel for the plaintiff-appellant)

Defendant, Appellant

Head of the North Korean Veterans Organization;

April 21, 2017

The first instance judgment

Daegu District Court Decision 2016Gudan10010 Decided April 29, 2016

Text

1. The plaintiff's appeal is dismissed.

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

The first instance judgment is revoked. In the first instance judgment, the Defendant’s disposition that rendered against the Plaintiff on December 7, 2015 is revoked. In the first instance judgment, the Defendant’s disposition that was rendered against the Plaintiff on December 7, 2015 is revoked (in principle, the Defendant’s claim for revocation of the said disposition is in a primary and preliminary relationship, and the Plaintiff clearly divided it in the first instance trial).

Reasons

1. Quotation of the first instance judgment

The reasoning for this court's explanation is as stated in the reasoning of the judgment of the court of first instance, except for the modification to "only the evidence submitted by the plaintiff" in Section 6 of the judgment of the court of first instance as "the evidence submitted by the plaintiff" to the items of No. 1 through No. 18-10 of the evidence and the result of the commission of the medical record appraisal to the head of the Silver University University Hospital, Daegu City, as stated in the part of the judgment of the court of first instance." Thus, it is cited as it is in accordance with Article 8 (2)

2. Conclusion

Therefore, the plaintiff's primary claim and conjunctive claim in this case are all dismissed as they are without merit, and the judgment of the court of first instance which dismissed the plaintiff's claim is eventually justified, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Sung-manon (Presiding Judge)

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