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(영문) 부산고등법원 (창원) 2018.01.24 2017누11001
국가유공자요건비해당결정취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought the revocation of the pertinent decision-making disposition that is not a person of distinguished service to the State, and the revocation of the pertinent decision-making disposition that is not a person of distinguished service to the State. The first instance court accepted the primary claim against the “salvable trees” and dismissed all the primary and conjunctive claims against the “salvable trees.”

As to this, the Defendant appealed on the primary claim against the “assigning trees” that the Defendant lost, the scope of this Court’s trial is limited to the primary and conjunctive claim against the “assigning trees.”

2. The reasoning for this case by the court of first instance is as stated in the reasoning for the judgment of the court of first instance except for the addition as follows. Thus, this case is quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

3. The Defendant asserts that the injury incurred by the Plaintiff on March 2, 2010, which caused the physical collision in the course of performing his/her duties or education and training, cannot be acknowledged that there was a clear credit to the extent that the physical collision occurred.

However, according to the results of the fact-finding conducted by the F. F. T. F. T. T. T. F. T. T. T. F. T. T. T. T. T. T. T. T. F. T. T. T. T. T. T. T. T. T. T. T. T. E. T. T. T. T. T. E. T. T. T. T. T. T. T. E. T. T. T. T. T. T. E. T. T. T. T. T. T. T. T

Therefore, the defendant's argument cannot be accepted.

4. Therefore, the judgment of the first instance court is just and the defendant's appeal is dismissed. It is so decided as per Disposition.

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