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(영문) 서울고등법원 2015.04.28 2013누52577

요양불승인처분취소

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 court’s explanation concerning this case is as follows, in addition to the first instance judgment as to whether each of the instant injury and disease constitutes an occupational accident, the reasoning of the court’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for the statement of “the addition of the first instance judgment” under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. According to Gap evidence Nos. 19-15, 16, and 20-1 through 4 of Gap evidence Nos. 19-1 and 20-4, the accident in this case is a minor contact accident with the degree of excess of 100,00 won, and it is difficult to view that the occurrence or aggravation of each of the diseases in this case caused the occurrence or aggravation of the disease in this case. According to Gap evidence Nos. 8 (Business Related Evaluation Statement) and the fact-finding results of the fact-finding on the Ghn University Hospital's working environment E in the Gnhee University Hospital's working environment, i.e., the plaintiff's working environment, namely, the long-time driving of the bus, the traffic accident at least nine times, the driver's seat, etc. who did not absorption during driving, contributed to about 50% of the outbreak of the disease in this case, but it is nothing more than the plaintiff's opinion to reverse the results of the survey or the fact-finding based on the plaintiff's opinions.

It is difficult to deem that there is a proximate causal relation between the Plaintiff’s driving duties and the Plaintiff’s driving duties.

3. 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.