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(영문) 서울고등법원 2018.05.03 2017누76908
추가상병불승인처분취소
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. On May 30, 2016, the first instance court rejected the Plaintiff’s claim regarding “nick Forest” among the Defendant’s disposition of non-approval of additional injury and disease, and dismissed the Plaintiff’s claim.

Since only the defendant appealed against the part against the defendant, the part of the judgment of the court of first instance on the claim for revocation of additional injury and disease approval as to the "Jinson's Certificate" was excluded from the object of the judgment of this court.

2. The grounds for this part of the disposition are the same as the relevant part of the reasoning of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

3. Whether the lower part of the instant disposition is lawful

A. The Plaintiff’s lower portion of the Plaintiff’s assertion is that the Plaintiff’s instant disposition was unlawful, even if the causal link between the instant accident and the existing approval branch was recognized on a different premise, as it was caused or aggravated due to the Plaintiff’s damage to the propoppy, which is a disease affecting brain extensively among the weather approval diseases arising out of the instant accident, thereby causing damage to the brain-dead cells that have an adverse impact on brain widely.

B. The reasoning for this part of the facts of recognition is the same as that of the corresponding part of the reasoning of the judgment of the first instance (3.6 to 6.18 lines), except for the addition or replacement as follows. Thus, this part of the reasoning of the judgment of the first instance is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or written appeal part] The part of "(E) request for appraisal of medical records by the court of first instance" of the 4th 13th of the reasoning of the judgment of the court of first instance shall be considered as "(E) request for appraisal of medical records by the court of first instance."

The following shall be added to the 6th 16 line of reasoning in the judgment of the first instance.

As a result of the fact-finding conducted on the Bneves of this Court - The fact-finding conducted on the part of the plaintiff, as it does not find any primary cause to fall short of the plaintiff's hand.

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