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(영문) 서울고등법원 2017.02.23 2016누55478

진료계획불승인등처분취소

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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

1. The reasons for the court's explanation of this case are as follows: (a) No. 4 of the first instance court's decision No. 18 of the first instance court's decision "( even if a periodic immunity control is required after the surgery, this is merely a treatment to prevent side effects of liver surgery, such as aggravation of symptoms or rejection reaction, which is not an treatment for the symptoms of liver cells approved for medical treatment, but merely a treatment to prevent the aggravation of symptoms or side effects of liver surgery; (b) whether the Plaintiff can obtain separate medical treatment approval for the conditions of liver transplant, including rejection reaction, or support for preventive management system such as complication, etc., such treatment need not be deemed to have been concluded solely on the ground that the above treatment is needed, and thus, the Plaintiff's treatment plan for liver cells was stated in the reasoning of the first instance court's judgment, except for the Plaintiff's assertion by adding the following determination to the Plaintiff's opinion, and thus, the Plaintiff asserts that the treatment plan was unfair on the premise that the treatment of liver surgery was included in the treatment plan.