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(영문) 서울고등법원 2015.09.16 2014누68241
최초요양불승인처분취소
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

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 addition of the following matters, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

Part 3 of the judgment of the first instance court shall be added to the following:

(D) (D) On January 1, 2013, snow was found in Seoul area, but the snow was not found on January 2, 2013 and January 3, 2013, which was the date of the instant injury and disease.

(b)on the 5th judgment of the first instance court, the following shall be added:

(D) As a result of the fact-finding on the head of the same-sex hospital in this Court, when considering the environmental factors that it is difficult to prove the causal relationship between the Plaintiff’s working environment and working environment, the form of service, personal factors, etc., it is judged that the compromise between the right beer and the right beer than the personal factors over which the environmental factors are overcoming the environmental factors under the conditions where the compromise between the right beer and the right beer is 85%.

C. On No. 5, No. 3 and No. 4 of the first instance court’s decision, “The results of each fact-finding on the Administrator of the Korea Meteorological Administration and the Director of the Gangwon-dong Hospital” is added to the grounds for recognition.

On the 6th judgment of the first instance court, the following shall be added.

No. 554, Jan. 1, 2013; however, although snow was found in Seoul area, on January 2, 2013 and January 3, 2013, the date of the occurrence of the instant injury and disease, it seems that the snow removal work of the Plaintiff was not high; 6) In the result of the inquiry into the head of the Gangwon-dong Hospital, C of the above hospital, however, was conducted through several years, and the causal relationship with the Plaintiff was not proven, and the judgment of the first instance court dismissing the Plaintiff’s request is justifiable, on the grounds that the Plaintiff’s request was without merit.

The plaintiff's appeal is dismissed.

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