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(영문) 부산고등법원 2016.02.03 2015누21056

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 stated in the reasoning of the judgment of the court of first instance, except for the addition as follows. Thus, it shall accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(A) In the first instance trial, the Plaintiff is basically repeating the same argument in the first instance trial, taking into account the allegations and reasons why the Plaintiff had partially supplemented in the trial, and even if the Plaintiff’s statements on the evidence Nos. 6 through 8 submitted additionally, the first instance judgment is justifiable). On the 6th judgment of the first instance court, the following parts are added to the part “A” (Chapter 18 to 20) of the first instance judgment.

No. 4) In general, the No. 5 of the No. 5 of the Industrial Accident Compensation Insurance Act (hereinafter “The No. 55 of the Industrial Accident Compensation Insurance Act”) provides that “The No. 5 of the Industrial Accident Compensation Insurance Act (hereinafter “The No. 5 of the Industrial Accident Compensation Insurance Act”) shall apply to high blood pressure, urinology, and low blood pressure.” The brain color, which is a disease of this case, is based on the same dynamic chronology in the right-hand chroner, and is presumed to have been caused by a large number of risk factors, and medically, it does not necessarily lead to the above injury. In addition, there is no proof of the causal relationship between the occupationalro, stress, and chronology. ⑤ According to Article 34(3)3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, the Ministry of Employment and Labor, delegated by Article 2013-32 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, shall have an average of 10 percent or more of the average work hours prior to the year.”