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(영문) 광주고등법원 (전주) 2018.08.20 2016누13
지원공상군경요건해당처분취소 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the judgment as set forth in paragraphs (2) and (3) below. Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On the 3rd page of the first instance judgment, “a prior judgment” is added to the end of the 9th instance judgment (hereinafter “prior judgment”).

B. On the 6th of the first instance judgment, the letter of the first instance judgment, “Woo” in the 20th of the said judgment shall be applied “priority”.

3. Additional determination

A. In the judgment prior to the plaintiff's assertion, the judgment revoking the decision that did not meet the requirements for persons of distinguished service to the plaintiff on the ground that there is a proximate causal relation between the difference in this case and the plaintiff's performance of official duty, and the decision that fell short of the criteria for disability rating of this case is contrary to the binding force of the judgment prior to the final judgment.

B. 1) The binding force of the final and conclusive judgment to revoke a disposition in a revocation lawsuit under Article 30(1) of the Administrative Litigation Act is recognized as an effect recognized to ensure the effectiveness of the judgment, and it is also recognized as a result of ensuring the effectiveness of the judgment, and where the judgment to revoke the disposition of refusal becomes final and conclusive under Article 30(2) of the same Act, the administrative agency which has taken the disposition bears the duty to re-disposition in accordance with the purport of the judgment (see, e.g., Supreme Court Decision 9Du5238, Mar. 23, 2001). However, insofar as the administrative agency is not bound by the applicant’s application, and the new disposition is not identical to that of the previous and basic facts, so long as the new disposition is not identical to those of the grounds for the previous disposition, the relevant ground exists at the time of the previous disposition, and even if the party was aware thereof,

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