Plaintiff (Law Firm, Attorneys Kim Jong-hwan et al., Counsel for the plaintiff-appellant)

Director of the Korea Centers for Disease Control and Prevention (Attorney Lee Jong-soo, Counsel for defendant)

August 21, 2013

Seoul Administrative Court Decision 2009Guhap25101 Decided May 18, 2011

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The defendant's rejection disposition against the plaintiff on December 30, 2008 is revoked due to vaccinations.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Details of the disposition;

A. At around 11:00 on July 22, 1998, the Plaintiff was administered with 0.5 square meters of 0.5 square meters of MadaP (diloga, white sea, mixed blus, and so on) for vaccination from Non-Party 3 at the public health clinic branch of the Panju City, the law branch of the public health clinic of the Panju City, where the principle of law is located, as a vaccination from Non-Party 3, the Plaintiff was administered with 0.5 square meters of 0.5 square meters of lusium for lusium (hereinafter “the instant vaccination”). The Plaintiff was administered with 0.2 square meters of 0 square meters of 0.2 square meters of lusium (hereinafter “the instant vaccination”).

B. On the following day of the vaccination of this case, the Plaintiff had lost consciousness 10 to 20 seconds, shown that there was an obstacle to multiple parts of vaccination due to the cryption of his body, the crypism of the Ansan, the left arms, etc., and received treatment accordingly, and the Plaintiff’s father Nonparty 1 applied for medical expenses and a fixed nursing expenses compensation pursuant to Article 54-2(1)1 of the former Prevention of Contagious Diseases Act (amended by Act No. 9847, Dec. 29, 2009; hereinafter the same) on behalf of the Plaintiff to the Minister of Health and Welfare as the vaccination compensation amount, around December 1998, pursuant to Article 54-2(1)1 of the Prevention of Contagious Diseases Act (amended by the Infectious Disease Control and Prevention Act, Act No. 9847, Dec. 29, 209; hereinafter the same) recognized the Plaintiff’s disease as the injury caused by the vaccination after deliberation by the Committee for Deliberation on Vaccination Damage Compensation.

C. After that, on June 6, 2008, the Plaintiff was judged as Class 1 of the comprehensive disability grade (Grade 2 and intellectual disability 3; hereinafter “instant after-age disability”) due to the aggravation of symptoms as a result of a recurrence of symptoms, and Nonparty 1 applied for temporary disability compensation under Article 54-2(1)2 of the former Prevention of Contagious Diseases Act on behalf of the Plaintiff to the Minister of Health and Welfare as a vaccination injury compensation amount again, but the Defendant delegated by the Minister of Health and Welfare on December 30, 2008, upon receiving the delegation from the Minister of Health and Welfare, appears to have refused to accept the application for disability compensation in accordance with the result of the review by the Vaccination Compensation Deliberation Committee (hereinafter “instant disposition”).

D. At the time of the instant disposition, the Plaintiff filed an objection with the Minister of Health and Welfare after being notified by the Defendant that “the objection can be filed only once.” However, on March 27, 2009, the Defendant, delegated by the Minister of Health and Welfare, rendered a decision to dismiss the objection in accordance with the review result of the Vaccination Damage Compensation Deliberation Committee.

E. Accordingly, on June 30, 2009, the Plaintiff filed an administrative litigation seeking the revocation of the instant disposition with the Seoul Administrative Court on the grounds that it was within 90 days after being notified of the rejection decision by the mayor of the strike on April 2, 2009 (see Supreme Court Decision 2004Du947, Sept. 8, 2006, etc.) (where the former Prevention of Contagious Diseases Act and other relevant Acts and subordinate statutes do not separately stipulate the procedure for filing an objection, etc., but where the Plaintiff filed an objection with the wrong notification that the administrative agency could file an objection, etc. even if it is unable to do so, the period for filing an objection shall be calculated from the date on which the Plaintiff was notified of the result of the objection from the mayor of the strike on April 2, 2009 (see Supreme Court Decision

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 8, 25 evidence (including provisional number; hereinafter the same shall apply), Eul evidence 1 through 3, and 5, the purport of the whole pleadings

2. Determination on this safety defense

A. Defendant’s assertion

The evidence presented by the Plaintiff alone does not reveal clearly whether the Defendant actually performed the instant disposition, and at any time, how the instant disposition was done. Therefore, the instant lawsuit ought to be dismissed as a defect in the requirements for litigation due to the failure to clearly indicate the administrative disposition subject to revocation litigation.

B. Determination

According to Articles 54-2 and 54-5 of the former Prevention of Contagious Diseases Act, Article 34(9)1 (d) of the former Regulations on the Delegation and Entrustment of Administrative Authority (amended by Presidential Decree No. 21211, Dec. 31, 2008), the Minister of Health and Welfare delegates the authority to the defendant to perform the above duties, and requires the defendant to perform the duties. As seen above, the defendant entrusted with such authority to perform the above duties in accordance with the review by the Vaccination Compensation Deliberation Committee on December 30, 2008. Furthermore, considering the fact that the defendant dismissed the plaintiff's objection and notified the plaintiff through the Pakistan market, it is determined that the timing, method, contents, etc. of the disposition of this case, which is subject to the revocation lawsuit, has been clearly stated. The defendant's defense cannot be accepted.

3. Whether the instant disposition is lawful

A. The plaintiff's assertion

1) According to Article 26 of the former Administrative Procedures Act (amended by Act No. 11498, Oct. 22, 2012; hereinafter the same), where an administrative agency takes a disposition, it shall notify the parties of whether an administrative appeal or administrative litigation can be filed with respect to the disposition, the filing procedure and the filing period and other necessary matters. However, the Defendant did not fully notify the Plaintiff of the aforementioned matters while rendering the instant disposition. Therefore, the instant disposition is unlawful.

2) The Defendant has already recognized the symptoms of multiple parts of the vaccination of this case to the Plaintiff. In full view of the main doctor’s opinions or relevant medical opinions, it was confirmed that if the symptoms of multiple parts of the vaccination of this case continue to exist, such as the Plaintiff, it may sufficiently deteriorate the scarcity quality. However, on the basis of only a part of the medical opinions that there is no basis for inducing the quality of the brus administered at the time of the vaccination of this case, the instant disposition denying proximate causal relation between the instant post-disease disorder, such as the vaccination of this case, has a substantive reason for illegality.

B. Relevant statutes

It is as shown in the attached Form.

(c) Fact of recognition;

(i) DTaP whites and vaccination policies;

A) According to the Guidelines for Standard Vaccination in 1998, the Vaccination Review Committee provides improvement DNA, Pacific, and MaTP whites for all infants and young children at intervals of two months from the 2th month following their birth and three months from the 1998 period from the date of their birth. In the event that they do not fall under the gold paragraph for the ingredients of the white sea, the vaccination of DTP, not DT, excluding the protegra composition of the cell of the white sea in the event that they do not fall under the gold paragraph for the white sea.

B) DPT whites were developed into the middle half of 1940 mixed whites, and were introduced in Korea in 1955, and were widely connected to the beginning of 1980s. However, among the DoPT whites, the general side effects such as ruptures after ruptures, bathing bathings, severe ruptures, and ruptures were gradually problematic and side effects of rupture ruptures such as ruptures, ruptures, and ruptures, and some side effects of ruptures such as ruptures, ruptures and ruptures, excluding the rupture of ruptures of cell cells in a white day, and ruptures were dynamics such as ruptures, reduction of rupture

C) In Japan in 1977, the Republic of Korea success in the separation of ingredients directly related to Byung among the port sources in the 1977 Japan, and developed DTAP whites using them. The improved DTAP whites began to be used in Japan since 1981, and have been introduced and used in Korea since 1982. The domestic research data on the safety and efficacy of DTP on the safety and efficacy are difficult to be deemed sufficient compared to DPP whites used for 50 years prior to that, in Japan, there are cases where there is still a serious side effect, such as cerebrs, even after the termination of DTAP whites, and administrative litigation related thereto, etc. were filed.

2) The Plaintiff’s condition at the time of the vaccination and the background of the vaccination

A) On December 24, 1997, the Plaintiff was a male baby who was born on December 24, 1997, and was born seven months after the vaccination of this case, and was engaged in normal and healthy development, and there was no family history, such as the king force and liverness.

B) Before receiving the instant vaccination on March 11, 1998, the Plaintiff was in line with DTP and Ebamanb, and was in line with the second part on May 20, 1998, and was in line with the second part on the back of May 20, 1998. However, at the time, there was no side effect due to the vaccination.

C) At the time of the vaccination of this case, Nonparty 2 prepared a grammatic report on whether the Plaintiff was suffering from a heart or a blood disease, whether the Plaintiff had recently been suffering from a magroin or a blood transfusion, whether there was a fact that he had been seen from the previous response, and whether there was a fact that he had been seen in the past. Nonparty 3 of the note examined a grammatic report prepared by Nonparty 2, the guardian, who was the guardian. After measuring the body temperature, examined the body temperature, checked the heart and the heart, checked the rogate into the body, and diagnosed whether the DaTP and the romast as the body was discovered, taking into account the previous DaTP and the romalibin boom, and determined that there was no problem even with the contact with the DaTP and the rolibin boom at around 11:00 on July 22, 1998.

3) Details of the multimodal design diagnosis

A) Nonparty 2, on July 23, 1998 following the date of the vaccination of this case, found that Nonparty 2 was trying to take care of around 07:00 on July 23, 1998, and the Plaintiff caused symptoms, but was aware that the Plaintiff was the body of the Plaintiff, and was able to find Korea’s Council members, etc.

B) However, at around July 28, 1998, the plaintiff continued to show symptoms; the non-party 2 found the plaintiff and the non-party 3 of the main body found the plaintiff and found the plaintiff to have caused light training five times a day; the non-party 3 measured the plaintiff's body temperature in order to find out whether there is symptoms due to side effects of whites, and the plaintiff was not severely visible; the plaintiff does not seem to have any congested, and it does not seem well-brud, and there was no knee or selling land. The non-party 2 did not report the side effects to the public health clinic, and the non-party 3 did not find any side effects to the plaintiff. The non-party 3 did not have any side effects to the public health clinic, and the non-party 3 did not have any side effects to the plaintiff.

C) However, from July 28, 1998 to August 11, 1998, Nonparty 2, who heard that Nonparty 2 could not discover any abnormal conditions even from the doctor in charge of the public health clinic in Pakistan, had the Plaintiff undergo hospitalized treatment in the child care hospital clinic with the child at the child care hospital. However, Nonparty 2 started to use anti-competitive drugs as it did not regulate the outbreak, although the brain-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-s

D) On August 31, 1998, the Plaintiff started to undergo diagnosis and treatment at the department of hynasium in the medical college Synasium of the National University of the National University of the National University of the Republic of Korea on August 31, 1998. Although there was no special opinion on the opinion on the examination of thalphalopty and brain self-declimatic image, it is found that hynasium repeatedly emitted from hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hynasium hy

(iv)the progress of treatment after the examination of multiple types of works;

A) After undergoing the diagnosis of multiple parts of the hospital, the Plaintiff continued to provide anti-resistant therapy from the ASEAN department of the above 3BS Hospital on June 17, 1999, but showed dyslexic typology at least three times a day. According to the medical personnel in the above hospital, the Plaintiff requires continuous medical treatment for three years, and the possibility of medical treatment is 50%, and where the medical personnel in charge of mental development, dyscopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics, etc.

B) After that, the Seoul University Hospital received medical treatment on January 26, 200 and continued approximately 15 seconds due to the occurrence of a 5-6-six-time general surgery, the Plaintiff conducted the cerebral wave test on February 11, 200, and presented a view of brain thalphism on normal waters. In the long-time video-cerebral wave test conducted on March 11, 2001, the Plaintiff failed to discover clinical and cerebral liveral typhical typhical typhical typhical typhical typhical typhical typhical typhical typhical typhical typhical typhical typhical typhical typhical typhical typhical typhism

C) However, since October 23, 2001, after suspending the medication of anti-competitive drugs as above, it was diagnosed as a result of the liverion test conducted at the Synas Hospital in the Synas Hospital in the next generation as a result of the re-execution of thalphal cerebral thalphism test, since October 23, 2001.

D) After that, the Plaintiff was continuously receiving medical treatment at the above Syna Hospital, but the state of the Plaintiff aggravated, and around March 2003, the psychological examination conducted by the mental department at the above Syna Hospital was judged to have a warning of the mental retardation. On or around 2004, there was an abnormal opinion on both sides and right side leaves in the FDG PET examination conducted by the above Syna Hospital, and the symptoms, such as serious learning disorder, social decrease, etc., continue to exist even after the occurrence of serious learning disorder, and eventually, the instant subsequent disability was determined, such as Gyna, around January 2008.

(v) the progress of the relevant civil action

A) The Plaintiff and Nonparty 1 and Nonparty 2, the Plaintiff’s parents (hereinafter “Plaintiff, etc.”) asserted that the Plaintiff and Nonparty 3 were jointly and severally liable for damages, and filed a civil lawsuit against Nonparty 3, etc. seeking compensation for property damage and consolation money against the Plaintiff, by asserting that the Plaintiff and Nonparty 3 were jointly and severally liable by Nonparty 3 and Nonparty 3, the manufacturer of the DTP whites, who failed to perform safety obligations in the manufacturing process, etc., and that the manufacturer of the GTAP, failed to perform the toxic Test in the manufacturing process, etc., and that the manufacturer of the GTP was negligent in performing the safety obligations, such as failing to perform the toxic Test in the manufacturing process, and that the negligence of the flusium supplied to the public health clinic branch.

B) However, on September 15, 2004, the above court rendered a judgment dismissing the plaintiff's claim on the ground that "it is reasonable to view that there is a proximate causal relation between the vaccination in this case and the plaintiff's multiple parts of the invention, but it is difficult to recognize the medical negligence or the manufacturing negligence of the non-party 3, etc." in full view of the following facts: "The time-related relationship between the vaccination in this case and the multiple parts of the invention in this case was known to the effect that there was a possibility of causing the same fluence as that occurred to the plaintiff after the vaccination in this case, and there was no specific evidence that there was any other cause than the vaccination in this case regarding such abnormal reaction." The above judgment was dismissed on February 6, 2007, and it became final and conclusive by the final appeal on July 13, 2007.

6) Medical opinions, etc.

A) An investigation report on adverse effects on whites prepared by the research sub-committee on December 2, 1998 by the vaccination sub-committee

When judging as clinical experience, other causes contact-related clinical experience, medical history and family history, expansion timing, examination site, and literature materials, there is no medical ground for the plaintiff to be found that there is no reason that the cause of multiple types of production is not a back-to-date DaTP, Malimaban, nor a back-to-date bat.

B) The results of inquiries into the court of the first instance and the chief of the medical school of the department of the first instance and the chief of the department of the department of the first instance.

(1) In light of the following: (a) the Plaintiff was hospitalized in a complex area as a result of the outbreak at the hospital; (b) the Plaintiff was under normal development at the time; (c) the Plaintiff did not seem to have any opinion more than the result of the B-MI inspection; and (d) the Plaintiff could not find any other factors that could cause interference with the development of the complex area; and (c) there is a possibility that at the time the Plaintiff might have been affected by the vaccination in the instant case.

D. Although it is not clear that the vaccination in this case led to the Plaintiff, the Plaintiff could not be convicted of the occurrence of the incurableness, it is possible that the toxic substance, which was administered to the Plaintiff during the vaccination in this case, contains toxic substance, such as MelaP whites, and such toxic substance might have played a fatal role in the Plaintiff and provided the cause of the incurableness. The Plaintiff had brains which could cause the sculping, but such toxic substance might have aggravated further.

Article 22(1) of the Civil Act provides that the number of patients with simple chronological training shall be 3 to 5% of the patients with simple chronological training and the number of 3 to 3 to 5% of the patients with more chronological training is higher in the case of multiple chronological training, or in the case of chronological family members in the house, and that there are patients with more than 20 minutes of chronological training from among patients with 30% of the patients who were operated to bring the chronological training on their side to chronological training.

x) The FDG PET test is functional image analysis techniques different from the MRI. According to the FDG PET test’s opinion that was implemented on the Plaintiff in 2004, it was found that the reduction level of an ambassador was both fluoral and side fluoral fluoral. This side fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoralsium is not known until the reduced side fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor.

C) The result of the fact-finding conducted by the President of Maliology of this Court

(1) A combination of parts may spread during the launch of the liverion, and can be tried with the dypology in the future. In addition, a combination of parts may be a dypology that does not treat even though a variety of anti-competitive agents are dypology. The combination of parts may occur in various forms from the form of training to the dypology that does not seem to have any reaction to the treatment of anti-competitive agents.

The causes of the Sheshelth Bribery (including the livering, syeast, and telegraphic syeast) are diverse, however, unique (influence of the cause), genetic (influence of the cause), genetic (influence of the cause), or related to infection on the heavy (influence), or related to brain development or high heat, and may occur even after brain damage related to the accident.The causes of the outbreak are symptoms that are unique influence of which the cause cannot be known in 2/3, and are symptoms that can identify the cause in 1/3.

Article 22(1) of the former Enforcement Decree of the Act on the Protection, Protection, etc. of Human Resources and Protection, Etc. of Human Resources and Protection, Etc. of Human Resources and Protection, Etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and Protection, etc. of Human Resources and

x) The direct relevance between DTP vaccination and the occurrence of multiple parts was not known to the present date, but the conclusion was confirmed three times in the U.S. In other words, the non-heiticine of DTAP vaccination cannot be said to be caused by DTAP vaccination. There was no verification that DTP whites are related to permanent livering. In addition, there was no evidence or evidence that the U.S. Vaccination Review Committee and the Korea Centers for Disease Control and Prevention of Disease Control and Prevention and Prevention of Disease Control and Prevention of Korea may cause the livering of whites from the livering of the livers.

(v)the FDG PPE test provides assistance in identifying the location of the liver disease disease, and if there is an abnormal opinion on both sides and the right side side side side side side side side side side side side side side, it is highly likely to be an liver disease if the side side of the PET falls into a clinical appearance and brain wave. For example, it is highly likely that there is an cerebr-type cell with a scientificly abnormal disorder, such as (piracy) dystrophal development type, or (functional) dystrophism, etc.

⑹ 치메로살이 축적되면 신경계의 독성을 일으킨다는 보고가 있으나 명백한 증거를 제시하지 못하고 있는 실정이다. 생물학적으로 치메로살 함량이 많을 때 신경발달에 장애를 줄 수 있고, 영아의 백신에서 통상적으로 치메로살을 제거하도록 권장하였다. 1990년대 국내에서 사용되던 DTaP 백신에는 치메로살이 함유되어 있어 과민반응이 나타날 수도 있다.

D) The result of this court's inquiry about green Cross corporation

The DTaP whites produced in 1998 contain a preservative component, which is a preservative substance. There is no relevant data that Memerasia causes a pathic merger to infants and young children.

(e)other medical data;

(1) According to the Korea Food and Drug Administration’s “Handbow for the use of Whites” published by the Bio-Korean Food and Drug Administration in August 2009, regarding the side effects of DTaP, serious neological mergers may occur during a day immediately after the vaccination from the time to time, with regard to the side effects of DTaP, and serious psychotropic mergers may occur.

⑵ 연세대학교 산학협력단이 주관한 2008년도 학술연구용역과제 최종결과보고서에 따르면, 신고하여야 할 예방접종 후 이상반응자의 범위에 DTaP의 경우 뇌증, 기타 중추신경계 증상 등이 포함되어 있고, 예방접종이상반응신고 내용에 따르면 이상반응에 ‘뇌증’이 언급되어 있고, 이러한 뇌증에 대하여는 ‘간질발작’으로 기재하고 있다. 또한 미국질병관리본부 홈페이지에도 그 부작용과 관련하여, 중증(매우 드묾)에 장기간의 발작, 영구적인 뇌손상이 포함되어 있으며, DTaP 접종군과 미접종군과 사이의 간질발생을 비교한 연구에서도 접종군에서 2.4배 많은 간질발생을 보이고 있다.

On the other hand, in multiple medical papers and textbooks, there are no objective and scientific evidence that can recognize the causal relationship with rupture light or ruptures, while there is no objective and scientific evidence that can lead to abnormal reaction of white ruptures.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 24, 27, 31 through 34, Eul evidence Nos. 1 through 13, fact inquiry results on the court of the first instance and the director of the medical school of the first instance and the director of the medical school of the court of the first instance, the fact inquiry results on the president of the Korean Maliology and the director of the company of the Green Cross, the overall purport of the arguments (including the statements of non-party 4 and non-party 5 of this court)

D. Determination

1) Determination as to the procedural illegality

A) Article 26 of the former Administrative Procedures Act provides that an appeal procedure against an administrative disposition shall be notified. Since the provision on the above notification procedure intends to provide convenience to the other party to the administrative disposition in taking the appeal procedure against the administrative disposition, etc., even if the disposition agency did not comply with the duty of disclosure under the above provision, it cannot be said that the extension of the period of submission for an administrative appeal can be made, and thus, it does not entail any defect in the administrative disposition that is the object of a trial (see Supreme Court Decision 87Nu529, Nov. 24, 1987, etc.).

B) Therefore, even if the Defendant did not make a notification under Article 26 of the former Administrative Procedures Act at the time of the instant disposition, the instant disposition cannot be deemed unlawful merely by itself. This part of the Plaintiff’s assertion cannot be accepted without the need for further review.

2) Determination as to substantive illegality

A) In general, adverse reactions or side effects after vaccinations cannot be predicted, and even if they occur, there are some peculiarities that make it difficult to find out medical and natural relations between vaccinations. Accordingly, the occurrence of adverse reactions to vaccinations is likely to cause insufficient remedy for the damaged citizens. In addition, the former Prevention of Contagious Diseases Act, which provides that the State compensates for vaccination damage, has been enforced since 195 in order to resolve the problems and the phenomenon of the people’s incompetence and evasion against vaccinations. The purpose of the legislation lies in widely compensating for damage caused by the State in order to ensure the safety of vaccinations in the course of vaccination in cases where the citizen suffers from a disease, becomes disabled, or dies.

B) "Disability caused by vaccination" as referred to in Article 54-2 (1) of the former Prevention of Contagious Diseases Act refers to a case where the Minister of Health and Welfare recognizes it as damage caused by vaccination, which is not related to abnormal vaccination or negligence of vaccination actors. In order to be a disability caused by vaccination as prescribed by the above provision, there should be a proximate causal relationship between vaccination and that disability. Meanwhile, the causal relationship in civil disputes is not a medical and natural scientific causal relationship, but a social and legal causal relationship, and the causal relationship is not necessarily clearly proved in medical and natural science, but it is presumed that there is a causal relationship in consideration of all the circumstances, and the burden of proof is also the same in administrative disputes (see Supreme Court Decisions 99Da67147, Mar. 28, 200; 2009Du14163, Mar. 25, 2010; 2009Du14163, Mar. 25, 2010).

C) In full view of the following circumstances revealed in light of the aforementioned facts and evidence, it may be presumed that the instant vaccination caused multiple parts of the Plaintiff, which led to the aggravation of such disabilities, and eventually led to the aggravation of such disabilities, which led to the occurrence of the instant post-accident disorder, such as quality. Therefore, it is reasonable to deem that there exists a proximate causal relationship between the instant vaccination and the Plaintiff’s instant post-disease disorder. The specific reasons are as follows.

(1) The Plaintiff, at the time of birth, did not have any symptoms or symptoms that show the normal growth and development process from the birth to the vaccination of this case, and there was no symptoms or symptoms that could be suspected of the outbreak of a composite part of the vaccination of this case, i.e., training, lectures, etc., immediately after being administered with the DoTP and the Mamabro bom ba, and there was no specific evidence that the above abnormal symptoms were replaced by other causes than the vaccination of this case.

She also considered the clinical experience at the time and other causes contact seeds such as clinical experience, medical history and family history, symptoms demonstration time, test site, clinical course, and relevant documentary materials, etc., and deemed that no medical ground exists to prove that the causes of the occurrence of the above combined segment launch disorder are not DTAP, and the causes of the occurrence of multiple parts generated on this basis were attributable to the vaccination in this case, and thus, the Plaintiff paid medical expenses and fixed-term nursing expenses to the Plaintiff as vaccination compensation amount (in civil litigation instituted by the Plaintiff, etc. in relation to the vaccination in this case, proximate causal relation between the vaccination in this case and the Plaintiff’s combined segment launch itself was recognized).

Article 12(1) of the Civil Act provides that the Plaintiff shall receive the examination and treatment for multiple types of medical institutions, such as a child-care hospital, a school of the tobacco generation, a school of the Seoul National University Hospital, and Seoul National University Hospital. However, on October 23, 2001, the Plaintiff was diagnosed by the Telecommunication, and on March 2003, the status of the Plaintiff, such as receiving the diagnosis by the mental retardation, has deteriorated, and around June 2008, the Plaintiff was judged by the following disability of the first grade of the general disability (class 2 and class 3 of the intellectual disability).

In the meantime, there is a medical research result that DTAP whites may cause symptoms on a temporary basis, such as chronological training, and it seems that there is no content that has been medically revealed on the relationship with the permanent liver outbreak. However, there has been a problem that there has been an impediment to negotition due to dTPP whites before DTP whites, and it is difficult to view that there has yet to be sufficiently accumulated data on side effects, etc. (in the case of DTP whites improved, it is difficult to regard that there is no relevance between two merely based on the results of fact-finding conducted by the President of the Korean Boliology to the effect that the relationship with the outbreak of whites is not recognized, and even if that result, it can be interpreted to mean that there is insufficient data to prove the relationship (see this court’s professional examiner’s statement).

(v) Furthermore, the following specific circumstances in relation to the vaccination of this case, i.e., (i) it is called cerebral typology that the non-causing scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s.

As to this, medical view (see, e.g., the fact-finding conducted by the President of the Korean Institute of Maliology, e.g., Non-party 4 of this Court’s professional examiner’s statement) is presented that there is a high possibility of liver disease if the level of fDG PT falls into brain, etc. In addition, there are also opinions that it is difficult to completely eliminate the possibility of liver disorder, such as liver toxicity caused by e.g., liver toxicity (see, e., the above Non-party 4’s statement). Furthermore, the Plaintiff may show brain injury and after-harm caused by a large number of small disasters, and on the other hand, it is difficult to accept the allegation that MF might not be satisfied until it is confirmed dynamicly by removing the parts through e.g., surgery among normal circumstances (see, e., the fact-finding conducted by the court, in light of the fact-finding conducted by Defendant 2, etc., other than the result of this case’s vaccination test.

⑹ 또한 오랜 기간 원고를 치료하여 왔던 연세대학교 의과대학 세브란스병원의 소외 6 교수는 이 사건 예방접종으로 인하여 원고에게 난치성 간질이 발병하였다고 확신할 수는 없으나, 이 사건 예방접종 당시 원고에게 투여한 DTaP 백신에는 치메로살 같은 독소물질이 함유되어 있고 그와 같은 독소 물질이 원고에게 치명적으로 작용하여 난치성 간질의 원인을 제공했을 가능성 혹은 원래 원고가 경련 발작을 일으킬 수 있는 뇌를 가지고 있었는데 위와 같은 독소 물질이 이를 더 악화시켰을 가능성이 있다는 의학적 소견을 제시한 바도 있다(제1심 법원 및 이 법원의 연세대학교 의과대학 세브란스병원장에 대한 사실조회결과).

⑺ 그 밖에 연세대학교 산학협력단이 주관한 2008년도 학술연구용역과제 최종결과보고서에 따르면, 신고하여야 할 예방접종 후 이상반응자의 범위에 DTaP의 경우 뇌증, 기타 중추신경계 증상 등이 포함되어 있고, 미국질병관리본부 홈페이지에도 그 부작용과 관련하여, 중증(매우 드묾)에 장기간의 발작, 영구적인 뇌손상이 기재되어 있다. 그리고 피고가 작성한 예방접종 후 이상반응 관리지침(을 제9호증)에도 DTaP의 백신접종 후 7일 이내에 뇌증 및 기타 중추신경계 증상이 발현되는 경우를 보상신청대상이 되는 ‘예방접종 후 이상반응’에 포함시키고 있다.

D) Meanwhile, the defendant asserts that the determination of disability caused by vaccination belongs to the authority of the defendant delegated by the Minister of Health and Welfare, and that there is no provision that can be seen as binding acts under the relevant Acts and subordinate statutes, such as the Prevention of Contagious Diseases Act, and thus, the defendant's authority is deemed to belong to the free discretion area, unless there are special circumstances to deem that the disposition in this case was remarkably deviates from and abused discretion, the defendant's disposition in this case

However, when an administrative act is classified into a so-called binding act, binding act, discretionary act, or free discretionary act with respect to the existence and scope of its discretion, the division shall be determined by considering all the relevant administrative act’s stay and form, language and text, the main purpose and characteristics of the administrative area to which the relevant act belongs, individual nature and type of the relevant act, etc. (see Supreme Court Decision 98Du17593, Feb. 9, 2001, etc.). Article 54-2(1) of the former Prevention of Contagious Diseases Act provides that “When a person who was vaccinated under Articles 10-2 through 12 suffers from a disease, becomes disabled, or dies, the State shall pay compensation under each of the following subparagraphs in accordance with the standards and procedures prescribed by the Presidential Decree.” Article 54-2(2) provides that “Where the Minister of Health and Welfare grants discretion to prevent injury from vaccination, such as vaccination, regardless of the degree or negligence of the person who committed vaccination, it can not be accepted as a case where the Minister of Health and Welfare recognizes authority to do so.”

E) Therefore, the Defendant’s disposition that deemed that there is no proximate causal link between the instant vaccination and the instant post-disease is unlawful.

4. Conclusion

The judgment of the first instance is justifiable. The defendant's appeal is dismissed.

[Attachment Form 5]

Judges Choi Jong-ho (Presiding Judge) Kim Tae-ho