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(영문) 대법원 2015.05.14 2015두36614
국가유공자요건비해당결정취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

After compiling the adopted evidence, the lower court acknowledged the facts as indicated in its reasoning. On May 31, 1992, the lower court determined that the instant disposition rejecting the Plaintiff’s application for registration of persons of distinguished service to the State was unlawful on a different premise, on the ground that the Plaintiff’s failure to file the application was caused by high-frequency and pulpying on the left-hand side, which was incurred by the Plaintiff in the course of performing his official duties.

In light of the records, the above fact-finding and judgment of the court below are just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the legal principles as to the requirements of soldier or policeman wounded on duty or the proximate causal relation under Article 4 (1) 6

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 on the bench.

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