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(영문) 대전고등법원(청주) 2019.06.12 2017누3602
국가유공자등록거부처분 취소
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. Quotation of the first instance judgment

A. The grounds alleged by the plaintiff in this court while filing an appeal are not significantly different from the contents alleged by the plaintiff in the first instance court, and even if all of the evidence presented to the first instance court and this court were examined, the court of first instance that rejected the plaintiff's assertion and the court of first instance that dismissed all the claims

[The results of the court's physical examination and the entrustment of the medical records to the E Hospital Head of the E Hospital are confirmed to have been "Alleyle (bonypur)" in relation to the diagnosis and operation with respect to the plaintiff conducted at the KCA Capital Hospital on January 2, 2014 or around February 2, 2014, and that the Calone who had pressured negoti (the main purpose of the surgery) was "Alleyle (bonyspur)" and the degree was serious. The Calone is well known as the representative opinion of the Esalone disease.

On February 27, 2014, the main cause of a combined operation, which is the pressured place of the 6th century, is confirmed to be a "alley" to pressure 6th century, which means that the cause of the operation was a stimulative disease.

As referred to in the Act, the Plaintiff’s disease was 100% of the degree of contribution to leaving from the hospital due to a sloping disc disease, and the instant accident was not considered to be an independent cause of outbreak or a sudden aggravation of nature beyond the natural progress, and consents to the result of the commission of the medical record appraisal to the head of the Association of the first instance court.

It is recognized that the person in charge of rehabilitation department G belonging to the hospital expressed his opinion on the appraisal "". On the other hand, since a new symptoms that had not existed before the Plaintiff occurred in relation to the diagnosis and surgery of the Plaintiff, the causal relationship between the instant accident and the symptoms seems to exist.

Although the appraisal opinion "" was expressed, the main cause of such determination was only that the plaintiff had no past illness, as confirmed in that opinion, and the above G also was taken around February 2014 by X-ray and MRI trend 5-6, 6-7.

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