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서울고등법원 2016.07.13 2015누67108
국가유공자등록거부 처분취소
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

The reasoning of the judgment of the court of first instance is as follows, except for adding the following judgments, and thus, it 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.

【The Plaintiff asserts that, insofar as there is a proximate causal relation between the deceased’s suicide and the performance of his/her duties, the Defendant must make a decision on the registration of a person who rendered distinguished services to the State without need to examine whether it falls under Article 73-2 of the former Act on the Persons of Distinguished Services to the State. However, this is against the language and purpose of legislation and the legal principles decided by the Supreme Court (Supreme Court Decision 2013Du2402 Decided July 11, 2013), and thus, cannot be accepted.

The plaintiff's appeal is dismissed.

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