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(영문) 수원고등법원 2020.12.02 2020누12533
응급진료비 지급거부처분 취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and thus, the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance.

2. The mould be dried up to 5 lines from the 4th bottom to the 6th bottom of that part shall be dried as follows:

1) The issue of whether a certain act of an administrative agency can be a subject of an appeal cannot be determined abstractly and generally. In a specific case, an administrative disposition is an enforcement of law with respect to a concrete fact by an administrative agency as a public authority, which directly affects the rights and obligations of the people. In mind, the decision should be made on an individual basis by taking into account the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, the substantial relation between the act and the disadvantage suffered by interested parties, such as the other party, and the principle of administration by the rule

(see, e.g., Supreme Court en banc Decision 2008Du167, Nov. 18, 2010) Article 42 of the Act on Persons of Distinguished Services to the State requires medical treatment for the wounded or wounded in action, or includes injury (including injury).

The criteria for medical support, such as the method, procedure, scope, and upper limit of medical treatment or support for medical expenses, shall be prescribed by Presidential Decree (Paragraph 3). Article 64-3 of the Enforcement Decree of the same Act re-entrusts the criteria to the Prime Minister. The rules on the medical support for persons entitled to veterans benefits who are Ordinance of the Prime Minister (hereinafter referred to as the "Rules on Medical Support") shall be re-entrusted to the Prime Minister.

Article 5 provides that when a soldier or policeman wounded in action receives medical treatment for a wound or disease at a veterans hospital, the remainder shall be borne by the State, except for supplementary materials materials for dental services and official fees for dental services.

On the other hand, persons who rendered distinguished services to the Ministry of Patriots and Veterans.

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