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(영문) 서울고등법원 2019.10.02 2019누49641
국가유공자 및 보훈보상대상자요건 비해당결정취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this case by the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for adding the following matters. Thus, this case shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act:

In light of the circumstances of the Plaintiff’s internal duty in the trial and all the evidence submitted, the first instance court is justifiable to have determined that the Plaintiff’s medical opinion in the first instance trial, which is the same purport, did not sufficiently prove that the medical opinion in the medical record of the first instance court is contrary to the empirical rule or unreasonable, merely because the fact that the Plaintiff was discharged from the military after an operation due to a change of the sacrific part in the military service, was caused by the occurrence of the instant wounds due to the performance of duties or education and training during the military service, or that the Plaintiff’s sacrif

2. In conclusion, all of the Plaintiff’s primary claim should be dismissed as it is without merit.

The judgment of the court of first instance is justifiable in conclusion as above.

Therefore, the plaintiff's appeal is dismissed as it is without merit.

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