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(영문) 서울고등법원 2019.11.22 2019누48792
국가유공자요건비해당결정취소
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 contents of the Plaintiff’s assertion in the trial of the first instance do not differ significantly from the contents of the Plaintiff’s assertion in the trial of the first instance, and even if the Plaintiff’s assertion was reviewed together with the evidence submitted in the first instance trial, the instant difference resulted from the main reason for performing duties or education and training directly related to the national security or the protection of the people’

There is insufficient evidence to prove that there is a proximate causal relationship between the occurrence or aggravation of the instant injury and the performance of duties, etc., and the fact-finding and judgment at the first instance court is justifiable.

Therefore, the reasoning for this court's reasoning is as follows: (a) the court shall use the respective "this court" of the first instance judgment as the "first instance court"; and (b) the "witness witness" of the second instance judgment as the " witness of the first instance court" is the same as the reasoning of the first instance judgment, except where the "witness witness" of the fifth and second instance judgment is used as the " witness of the first instance court"; (c) thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiff's main and conjunctive claims in this case shall be dismissed, without merit. Since the judgment of the court of first instance is justified, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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