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(영문) 서울고등법원 2015. 12. 18. 선고 2015누49421 판결
[요양급여부지급처분취소][미간행]
Plaintiff and appellant

[Judgment of the court below]

Defendant, Appellant

Korea Labor Welfare Corporation

Conclusion of Pleadings

November 13, 2015

The first instance judgment

Seoul Administrative Court Decision 2014Gudan51015 decided June 25, 2015

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance is revoked. On April 24, 2013, the judgment that the Defendant revoked the disposition of non-approval for medical care for the Plaintiff.

Reasons

1. Quotation and alteration of the judgment of the first instance;

The reasoning of this Court’s reasoning in this case is as follows: (a) deleted from five to six pages in the judgment of the court of first instance; (b) deleted from five to six pages in the judgment of the court of first instance; and (c) 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; and (d) accept it as it is in accordance with

2. Additional determination by this Court

【Plaintiff’s Claim】

The drinking places in a lag, head office, and singing room were both for business consultation and contact with the customer as part of the performance of duties. The Plaintiff was involved in the instant accident due to drinking in the said drinking room. Therefore, the Plaintiff’s injury constitutes occupational accident due to an occupational accident.

[Judgment]

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court, and the first instance court's decision rejecting the plaintiff's assertion is justified upon examining all the evidence submitted in the first instance court (see Supreme Court Decision 2013Du25276, Nov. 12, 2015).

3. Conclusion

Therefore, the judgment of the first instance, which dismissed the plaintiff's claim, is just, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal shall be borne by the losing plaintiff.

Judges Lee Jae-hoon (Presiding Judge)

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