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(영문) 서울고등법원 2015.08.21 2014누51168
국가유공자요건비해당결정취소
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 of the judgment of the court of first instance, citing the judgment, is not different from that of the first instance, and the judgment of the court of first instance rejecting the Plaintiff’s assertion in light of the result of the fact-finding on the Army Head of the Army at the Army and the 52 military support unit’s maintenance work ledger of the Army at the Army at the time of the first instance. The judgment of the court of first instance, which rejected the Plaintiff’s assertion, is justifiable (see, e.g., Supreme Court Decision 8(2) and Article 42(2) of the Civil Procedure Act, on the ground that the fact-finding at the time of the court’s physical examination of the head of the Korea Institute of University at the time of the first instance at the time of the appeal by the Plaintiff at the time of the appeal by the court of first instance, is not sufficient to determine that the post-sign escape certificate of the person subject to appraisal was caused by continuous training after entering the military. Accordingly, it is difficult to view that the court of first instance caused the Plaintiff’s escape certificate due to education and training or performance during military service.

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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