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(영문) 서울고등법원 2017.03.29 2015누30250
추가상병불승인처분취소
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 grounds cited in the judgment of the court of first instance, which the Defendant asserted in the trial while filing an appeal, are not significantly different from that of the Defendant already asserted in the court of first instance.

Therefore, the reasoning of this court concerning this case is that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for the supplement of the judgment as follows. Thus, this court shall accept it in accordance with Article 8(2) of the Administrative Litigation Act

2. Supplementary judgment

A. Even if a medical malpractice in the course of treating an injury or disease caused by an occupational accident, or a new injury or disease has occurred due to a side effect of a medicine or treatment method, as long as a proximate causal relation is acknowledged, it shall also be deemed that it constitutes an occupational accident.

B. (Supreme Court Decision 2002Du13055 Decided May 30, 2003).

In full view of the circumstances based on the grounds of the first instance court and the following circumstances acknowledged by the evidence submitted by the first instance court and the first instance court, the instant injury and disease occurred in the course of treating the approved injury and proximate causal relation between the treatment of the approved injury and the injury and disease in the instant case is acknowledged.

① The recognition of the instant injury and disease is “Iskin base, Iskin base, Iskin-Iskin escape base, Iskin-Iskin.”

② There is no evidence to prove that the Plaintiff had an abnormal urology before undergoing an operation on May 9, 2012. On September 10, 2012, the Korea National University Ansan Hospital conducted a diagnosis of neutronic cycy (i.e., he/she) on November 8, 2012; and (ii) conducted a diagnosis of neutronic cycy (ii) on February 4, 2013 in the human university set-off white hospital.

According to the results of the fact-finding on the head of the same-sex hospital for the party, if there is any subjective symptoms of the above records and patients, it is possible to presume the neutronism.

On June 13, 2016, the Plaintiff received a diagnosis of neutronism in Korea National University Am2 Hospital.

(3) The defendant alleged that the surgery on May 9, 2012 was not an operation on an approved injury or disease, but the first instance court.

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