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(영문) 서울고등법원 2017.11.01 2016누46450
국가유공자등록거부처분 등 취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the dismissal or addition of part of the judgment of the court of first instance as follows. Thus, this is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

(hereinafter the meaning of the language used in this context is the same as the judgment of the court of first instance). 2. 2. 2. 5. 5. The phrase “appraisal” of the fifth 18 shall be read as “the appraisal of the court of first instance”, and the words “this court” of the sixth 10th . 6 shall be read as “the court of first instance”.

The following shall be added between conduct 15 and 16:

According to the fact-finding results on the President of the Korean Medical Association of the Parties - The fact-finding results on the President of the Korean Medical Association of the Parties - it is deemed reasonable that the Plaintiff suffers from a acute mental disorder. However, since symptoms are not revealed due to behavioral changes that could be observed in the process of rapid outbreak or there is a possibility that it could be difficult to grasp in the surrounding areas, there is insufficient reason to determine that the affiliated military unit neglected the management of the Plaintiff. - The state of experience of symptoms of mental illness occurring in the on-site illness or the on-site illness is particularly vulnerable to stress. If the Plaintiff was forced to perform a specific activity or verbal abuse in a situation where he/she is suffering from symptoms, it is likely that it would have served as a cause of promotion or aggravation of symptoms." The Court of First Instance 16 of the 7th page "this Court" is deemed to be "the court and the first instance court", and added "the first instance court" to "the Seoul Medical Director" in the Seoul Medical Center.

The 7th parallels 20 to 8th parallels 13 shall be followed as follows:

1) First, we examine the legitimacy of the disposition of non-competent persons of distinguished service to the State (the State’s claim).

Article 4. The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter referred to as the "Act").

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