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(영문) 부산고등법원 2015.06.10 2014누23284
요양급여승인결정취소처분취소
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 cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the plaintiff as to the following plaintiff's argument at the last part of the judgment of the court of first instance from 5 to 6 pages of the judgment of the court of first instance, and thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

【As long as the Plaintiff was injured due to the instant accident, the causal link between the instant accident and the injury or disease cannot be denied even if the symptoms have deteriorated due to another person’s assault. Thus, the Plaintiff asserts that the entire revocation of the decision to approve medical care benefits to the Plaintiff without cancelling only the part where damage was expanded due to another person’s assault is unlawful as an administrative disposition in violation of the principle of proportionality. The following circumstances are acknowledged based on the overall purport of the arguments, i.e., the Plaintiff got home with E’s help at around 5 p.m. working hours after the instant accident, i.e., even though the Plaintiff got home with the help of the Plaintiff at around 8 p.m. at around 8 p.m. without another person’s help, it is difficult to view that there was no special causal causal causal relation between the Plaintiff’s injury and the injury or disease, and thus, there is no reason to deem that there was any further causal relation between the injury or disease of another person.

2. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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