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(영문) 서울고등법원(춘천) 2020.10.19 2019누1994
국가유공자 및 보훈보상대상자 요건 비해당처분 취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence duly admitted and examined by the court of first instance is justified.

Therefore, the court's explanation on this case is consistent with the reasoning of the judgment of the court of first instance, except where the reasoning of the judgment of the court of first instance is stated as follows. Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The second 13 to 14 lines of the judgment of the first instance shall be "the injury of this case" and "the injury of this case" shall be applied.

The fourth five lines of the judgment of the first instance court "the outbreak of the injury of this case" shall be construed as "the occurrence of the injury of this case".

The 5 line "inverte" in the first 7th of the judgment of the court of first instance shall be applied to "verte".

8. 8.18.9. 9. 20. 8.20% of the judgment of the first instance shall be applied as follows:

2) The following facts and circumstances can be acknowledged according to the facts acknowledged earlier, Gap evidence Nos. 8 and 12, the results of the request for appraisal of medical records to the head of this court, and the purport of the entire pleadings.

① On March 1, 2011, before the Plaintiff was appointed as an officer at the age of 23 years, the Plaintiff did not have received medical treatment on the essential and drilling. At the time of the instant accident, the Plaintiff was 28 years of age.

The Plaintiff received medical care benefits in relation to the prosecution and prosecution five times from February 10, 2014 to December 21, 2015.

② The instant accident is an accident in which a vehicle on which the Plaintiff was on board was on a slope, shocked to the left surface, and cut to the right side, and then cut to the right side, and thus, the Plaintiff’s physical injury seems to have been caused.

③ On April 19, 2016, and April 21, 2016, the date of the instant accident, the Plaintiff received the medical care benefits under the name of the injury or disease in the instant case, as the Plaintiff was admitted to the I Hospital.

Medical treatment records of the same hospital on April 19, 2016 are the result of the radioactive photographing against the plaintiff.

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