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(영문) 서울고등법원 2020.08.14 2019누66196
상이처일부인정거부처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance as to the instant case is as follows, and the judgment of the court of first instance as to the allegation emphasized by the plaintiff in the trial is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the court of first instance as referred to in paragraph (2). Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act

The five pages of the judgment of the first instance court [based on recognition] column "the results of the request for the evaluation of medical records to the director of this court and the results of the fact-finding for the director of the first instance court" shall be "the results of the request for the evaluation of medical records to the director of the E hospital of the first instance

The part of the 7th written judgment of the first instance court stating that “the Plaintiff” was deleted from “the 6th written judgment” to “the 6th written judgment,” and that “the Plaintiff was hospitalized in the air with the radiation source for about three months, as well as the air-conditioning movement scope and pains, and the symptoms aggravated from around three months before the Plaintiff’s statement.” However, this is written on the basis of the Plaintiff’s statement, and the above contents alone are written to the effect that “it is difficult to confirm the cause and time of the occurrence of the Plaintiff’s protruding escape.”

The 7th 18-19th 7th 19th 1 of the judgment of the first instance court "one of the damaged disks cannot be normal, such as transfer, and there is a risk of recurrence of symptoms." The "one of the damaged disks cannot be normal, such as transfer, even if the symptoms show symptoms due to the characteristics of the escape certificate, and one of the damaged disks cannot be normal, and there is a risk of recurrence of symptoms."

2. Additional matters to be determined;

A. The Plaintiff asserted that the Plaintiff had a healthy condition to enable active duty service prior to the instant accident, and did not have spine diseases. However, the Plaintiff’s garrising the truck from around 3-5 meters bridge, which fell from approximately 3-5 meters high, and the Plaintiff’s garrising out due to the instant accident.

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