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(영문) 대법원 2016.01.28 2014두10875
국가유공자요건비해당결정처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

After recognizing the facts and circumstances as stated in its reasoning based on adopted evidence, the lower court determined that there was a proximate causal relation between the Plaintiff’s disease and the Plaintiff’s duty of military branch of this case, which are the Plaintiff’s tuberculosis, since it is reasonable to presume that the Plaintiff’s disease, which was hospitalized in the air force hospital during military service, appears to be a cage cage of tuberculosis, and the Plaintiff’s tuberculosis cage cage of the military after entering the military, due to lack of nutrition in the course of education and work, overwork, and stress, etc.

Examining the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on proximate causal relation, without failing to exhaust all necessary deliberations, as alleged in

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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