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(영문) 서울고등법원 2015.05.19 2014누74079

요양급여불승인처분취소

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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

The court's explanation on this case is identical to the reasoning of the first instance court's decision in addition to using the second to seventh to third parts of the grounds of the second instance court's decision as follows. Thus, the court's explanation on this case is acceptable as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

In full view of the facts recognized as above and medical opinions, i.e., ① the Plaintiff’s work performed at the entertainment drinking house of this case is merely ice ice ice, snow ice, floor cleaning, and the preparation for a bend, and thus, does not seem to have been particularly excessive. The amount of work performed prior to the outbreak of the injury and disease of this case does not seem to have been sharply increased. ② The Plaintiff was made rest at the home prior to the outbreak of the injury and was in rest at 18:00 on the day of the occurrence, and was taking a water surface from around 21:00 on the day of the occurrence, and ③ the Plaintiff was able to drink 1 disease each day, and was able to avoid smoking (in particular, D, the main owner of the entertainment drinking drinking house of this case, was 3-4 months prior to the occurrence of the injury and disease of this case).

On the other hand, the opinion of the court of first instance is that "the cause of the suspension of the heart of the heart is highly likely to cause the heart disorder, such as the heart impulse, etc. (Seoul Medical Center) or that "the cause of the suspension of the heart of the unknown heart cannot be ruled out that the cause of the injury of this case is the cause of the injury of the plaintiff's heart disease." In light of the above, it is deemed that the cause of the injury of this case is the cause of the injury of this case's heart disease, and this is related to the drinking and smoking habits of the plaintiff." Thus, the judgment of the court of first instance is justifiable, and the appeal of the plaintiff is dismissed as it is so decided as per Disposition.