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(영문) 광주고등법원 2017.03.23 2016누5050

요양급여불승인처분취소

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 judgment of the court of first instance is as follows: (a) Parts 5, 20, 20, and 6-2 of the Decision of the court of first instance (“The 12 weeks, 4 weeks, and 1 week work hours of the Deceased prior to the occurrence of the instant accident”; (b) however, it cannot be deemed that the work hours of the Deceased do not exceed average 48, 55, and 57 hours per week average; (c) the work hours of the deceased do not exceed 60 hours per week average (64 hours per week average for 4 weeks prior to the occurrence of the instant accident) per week average for 12 weeks prior to the occurrence of the instant accident, in light of the fact that the work hours of the deceased do not exceed 12 weeks prior to the occurrence of the instant accident, and therefore, it is difficult to conclude that the deceased had engaged in the chronic heavy work prior to the death.”; and (d) it is cited by the reasoning of the judgment of the court of first instance pursuant to Article 8(2) of the Administrative Litigation Act and the Civil Procedure Act.

2. If so, the judgment of the court of first instance is justified as the conclusion is consistent with this, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.