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(영문) 대전고등법원 2017.08.17 2017누10782
국가유공자및보훈보상대상자등록거부처분취소
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 reasons for the court's explanation concerning this case are as follows: "each entry" in Section 4 of the first instance court's decision in Section 3 is as follows: "The result of physical entrustment to the head of the Chungcheong Hospital at the National University of the first instance court"; and Section 4 is as follows.

Inasmuch as Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act are the same as the reasoning of the judgment of the court of first instance except for dismissal as follows.

A person shall be appointed.

B. Determination 1) Article 4(1)6 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State and Article 2(1)2 of the Act on Support for Persons Eligible for Veteran’s Compensation means that soldiers, etc. were injured or ill in the course of performing their duties or education and training. In order to be different from the above provision, there is a proximate causal relationship between the performance of their duties or education and training, and the injury or disease thereof should be attested by the assertion regarding the causal relationship between the performance of their duties, etc. and the injury (see, e.g., Supreme Court Decisions 2003Du5617, Sept. 23, 2003; 2010Du12941, Oct. 28, 2010). In other words, the Plaintiff appears to have continued to have been affected by health conditions, the above recognition facts, and evidence revealed that the cause of the Plaintiff’s infection was included in the military infection after being treated for 50 days at the right-class hospital.

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