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red_flag_2(영문) 서울고등법원 2016. 10. 6. 선고 2015누68569 판결

[요양·보험급여결정승인처분취소][미간행]

Plaintiff, Appellant

Southyang Construction Co., Ltd., which is a joint management of the rehabilitation debtor Namyang Construction Co., Ltd. and Nonparty 1 and Nonparty 2

Defendant, appellant and appellant

Korea Labor Welfare Corporation

Defendant Intervenor, Appellant and Appellant

Defendant joining the Defendant (Attorney Kim Jong-hoon, Counsel for defendant-appellant)

Conclusion of Pleadings

September 1, 2016

The first instance judgment

Seoul Administrative Court Decision 2014Gudan5468 decided November 6, 2015

Text

1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The costs incurred by the intervention in the appeal are assessed against the Intervenor, and the remainder are assessed against the Defendant.

Purport of claim and appeal

1. Purport of claim

On May 26, 2014, the defendant revoked the decision on approval of the medical care insurance benefits to the defendant joining the defendant.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Acknowledgement of the first instance judgment

The reasoning of this court's explanation concerning this case is as follows: (a) other than the fourth 15th, fifth 7-8th, second 20th "this court" as "first tier court"; and (b) adding "(the above appraisal presented the same medical opinion as to inquiry about the fact-finding of ○ University △△ Hospital" in this court)" to "the fifth 21th 21th 5th 21st of the judgment of the first instance court", and therefore, it is identical to the part of the reasoning of the judgment of the first instance. Thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and all appeals filed by the defendant and the defendant joining the defendant are dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-ju (Presiding Judge)