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(영문) 서울고등법원 2017.05.25 2016누78457
요양불승인처분취소
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 grounds alleged by the plaintiff in the trial while appealed from the judgment of the court of first instance are not different from the contents alleged by the plaintiff in the court of first instance, and the judgment of the court of first instance dismissing the plaintiff's claim even if the evidence submitted in the court of first instance is reviewed together with the plaintiff'

Therefore, this court's explanation on this case is identical to the reasoning of the judgment of the first instance except for adding "insufficient" after the fourth 17th of the judgment of the first instance. Thus, this court's explanation on this case is accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

The plaintiff asserts that "(minimum temperature 0.2 degrees 0.2) affected the outbreak of the disease of this case by the plaintiff."

The first instance court’s medical record appraisal commission revealed that “the head of the Indones-off0 Hospital of the Indones University may have caused cerebral transfusions” on the grounds that the head of the Indones-off0 Hospital of the Indones-based University (“Indones-based disease”) expressed his opinion, such opinion is merely a presentation of the general possibility that Maul-based weather may have an impact on the outbreak of cerebral transfusions, and even if Maul-based disease was somewhat low at the time of the outbreak of the instant injury, it is difficult to deem that the instant injury was caused due to the low temperature in light of the Plaintiff’s duties and health conditions as seen earlier.

[2] Thus, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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