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(영문) 서울고등법원 2014.11.11 2013누26639
요양불승인처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is 2.C. part of the judgment of the court of first instance concerning the legitimacy of disposition among the judgment of the court of first instance.

The reasoning of the judgment of the court of first instance is the same as that of the judgment, except for the following modifications, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The part to be mard;

C. Determination 1) The occupational accident under the Industrial Accident Compensation Insurance Act refers to the disease, etc. caused by the worker’s occupational performance while performing his/her duties. Although there is a causal relationship between the occupational accident and the disease, if at least the main cause of the disease overlaps with the main cause of the disease even though there is no direct relationship between the performance of his/her duties and the performance of his/her duties, and if there is a causal relationship between the occupational accident and the disease, it should be deemed that there exists a causal relationship between the occupational accident and the disease. In addition, in light of all circumstances, the causal relationship does not necessarily have to be proved clearly by medical and natural science, but rather, if there is a proximate causal relationship between the occupational accident and the existing disease, which can be ordinarily assigned to ordinary level of work, and the existence of a causal relationship between the occupational disease and the disease should be determined based on the health and physical condition of the worker concerned, not on an average, but on the basis of a number of employees who were engaged in the relevant occupational accident and at least two of the following occupational accidents.

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