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(영문) 서울고등법원 2016.04.26 2015누62547
장해등급결정처분취소
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

1. The reasons for the court's explanation concerning this case are as follows: (a) the court of first instance shall dismiss "this court" as "the first instance court"; and (b) the results of the inquiry into facts" as "the results of the first instance court's inquiry into the head of Seoul Hospital at the time of the first instance"; and (c) the results of the inquiry into the head of the Seoul Hospital at the time of the second instance are as stated in the reasons for the first instance's judgment, except for adding the following judgments to the second part, and therefore, (d) it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

2. The Plaintiff asserts that there is a proximate causal relationship between the instant accident and the instant first approved branch in accordance with Article 49 of the Industrial Accident Compensation Insurance Act, since the symptoms of the left-hand slotitis have been insignificant but rapidly aggravated due to the operation, the Plaintiff asserts that the instant additional disease also has caused the instant accident or the instant first approved branch prior to the instant initial approved injury.

Article 49 (Application for Medical Care Benefits for Additional Injury or Disease) of the Industrial Accident Compensation Insurance Act provides that (i) an employee receiving medical care due to an occupational accident is additionally discovered and requires medical care; and (ii) where medical care is necessary due to a new disease caused by an injury or disease caused by the “occupational accident” and (iii) where medical care is necessary due to a new disease due to an injury or disease caused by the “occupational accident.”

According to the results of the inquiry and reply to the head of the Sincheon-gu Seoul Hospital, the instant additional disease is not “afterward salt,” which occurred rapidly due to credit, but rather “afterward salt,” which appears to have deteriorated spawn infection after performing spawn in the left spawn’s left-hand satitis, and thus, the instant additional disease is the injury caused by the instant accident on December 19, 201.

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