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(영문) 대법원 2016.01.28 2014두3433
국가유공가요건비해당결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The court below acknowledged the facts and circumstances as stated in its reasoning based on adopted evidence, and determined that there was a proximate causal relation between the plaintiff's service branch and the military service on the ground that the plaintiff's injury and disease was caused due to aggravation of his mental illness caused by continuous dynamics, ices, delay in treatment, etc. in addition to extreme stress that the plaintiff's injury and disease was not properly adapted to the closed military life.

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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