(영문) 서울고등법원 2016.09.21 2016누37937

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2016.09.21 2016누37937

국가유공자등록거부처분취소

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 court's explanation on this part of the grounds of the judgment of the court of first instance is identical to the corresponding part of the grounds of the judgment of the court of first instance (Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited as it is.

(hereinafter the meaning of the terms used in this case is the same as that of the first instance judgment). 2. Whether the disposition of this case is lawful or not

A. The plaintiff's assertion is identical to the corresponding part of the judgment of the court of first instance (from No. 3 to No. 11). Thus, this part of the plaintiff's assertion is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(b) as shown in the attached Form of the relevant statutes;

C. 1) On May 6, 2013, the Deceased joined the Army and served as a driver of a small vehicle under the control of the Integrated Distribution C. 2) The Deceased had been treated with depression before entering the Army. On May 8, 2013, the Prosecutor received the results of “the military life is anticipated and the early prediction of discharge from military service due to an accident during the military service,” and was assigned to a person in a state of “suic and mental disorder” as determined by the type of accident forecast.

3) On June 26, 2013, the Deceased was notified by a female-friendly Gu on 2013, and showed symptoms of depression, and was treated by a psychiatrist on June 28, 2013. On July 28, 2013, the Deceased was admitted to the Green Camp twice due to mental stress caused by depression, and was discharged from the hospital after being treated and consulted by a military doctor and a specialized counselor. 4) The unit of the Deceased was classified as a class B-D soldier and the Deceased, depending on the result that the Deceased might commit suicide after the completion of the Green Camp, the Deceased was adjusted to a higher level of level A of interest on August 27, 2013.

5. On the other hand, the Deceased continues to be able to take a bath and a nitrogen from the appointed soldier F from June 2013 to the date of his death.

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

유사 판례

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-서울중앙지방법원 2014.12.04 2014가합505647

-울산지방법원 2016.06.29 2015나22083