요양불승인처분취소청구의소
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.
1. The reasons for the court’s explanation concerning this case are as follows: “C” of the third party judgment of the court of first instance shall be read as “Plaintiff”, “A” of the first party judgment of the court of first instance shall be read as “C”, and “A” of the first party judgment of the court of first instance shall be read as “C”; and except for the addition of judgment on the Plaintiff’s assertion as set forth in paragraph (2) below, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act
2. Additional matters to be determined
A. Even if there is no proximate causal relation between the instant accident and the instant injury and the injury and disease, the Plaintiff should be deemed to have caused the instant injury and disease by performing the work that imposes a burden on the shoulder while serving as a seafarer for more than 40 years. Therefore, the Plaintiff asserts that the instant disposition made on a different premise is unlawful.
B. In light of the following: ① the Plaintiff’s application for the medical care (Evidence A2) prepared and submitted by the Plaintiff at the time of the instant application, only the instant accident was written as the cause of the instant injury; ② the Plaintiff presented to the court of first instance whether the instant injury was caused by external factors while applying for the medical record appraisal; ③ the Plaintiff asserted only the instant injury caused by the instant injury in the first instance trial; ③ the Plaintiff asserted the existing work force only during the instant trial; ④ Meanwhile, it seems inappropriate for the Defendant to review whether to approve the medical care by taking into account all possible possibilities regardless of the entry in the application for the medical care into consideration, the subject of determination in the instant case is limited to whether the instant injury was caused by the instant accident, as the Plaintiff explicitly stated in the application for the medical care.
C. Therefore, this part of the Plaintiff’s assertion is without merit.
3. Conclusion.