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(영문) 서울고등법원 2015.11.04 2014누59094
요양불승인처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court of the first instance cited this case are stated in the reasoning of the first instance judgment, except for the supplement of the judgment as to the defendant's assertion, which is identical to that of the first instance judgment.

Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be quoted as it is.

2. The defendant asserts that there is no causal relationship between the disaster and the injury and the injury and disease of this case, since the injury and disease of this case were caused by the salutism change in the existing disease and the injury and disease of this case, which were possessed by the plaintiff in the trial.

Comprehensively taking account of the following circumstances acknowledged by the evidence adopted by the first instance court as seen earlier and the circumstances cited by the first instance court, the instant injury and disease is deemed to have rapidly deteriorated at a natural speed or above due to the Plaintiff’s existing boomed disaster, and thus, proximate causal relation between the disaster and the instant injury and the injury and disease is recognized.

Therefore, the defendant's argument is without merit.

① It is recognized that the Plaintiff’s treatment continued after receiving the cryptivity of the 3-4 conical signboards and the vertebrate clock diagnosis at the self-official image examination taken in around 2009.

However, prior to the disaster of this case, the plaintiff only received preservation treatment on the part of the above order, and has served normally as an electrical personnel. It seems that the degree of the plaintiff's symptoms was not serious.

② According to the opinion of self-official image reading on September 7, 2012, the symptoms of the father No. 3-4, which were the 3-4, after the occurrence of a disaster, correspond to the escape of the conical signboard.

Although the escape of a conical signboard is caused by the change of the running nature of the conical signboard, it does not go through the escape of the conical signboard, and in particular, it seems that the frequency of the escape of the conical signboard to the elderly patients is not high.

Rather, a side signboard with a change of the stimulity is on a single credit, compared to a healthy side signboard.

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