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(영문) 서울고등법원 2020.08.19 2019누63746
요양불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if the evidence presented by the plaintiff was presented to the court of first instance.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the first instance, except for a partial dismissal or addition as follows. Thus, this court's reasoning is acceptable 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 added parts] Part 3 of the judgment of the court of first instance shall be subject to the second date for pleading" in Part 9 of the judgment of the court of first instance as "the second date for pleading".

On the 5th and 9th of the first instance judgment, each “a doctor of the vocational environment department” in the 15th and 11th of the 9th and each “a doctor of the vocational environment department” shall be deemed to be “a doctor of the first instance court’s medical record appraisal (S hospital’s occupational environment department U.),” and “a doctor of the outdoor and external examination” in the 1st of the 6th and following the first list.

The following shall be added between the title 7 table of the first instance judgment and the [based grounds for recognition].

9) The first instance court's medical record appraisal (U of the occupational environment department in the S Hospital) presented the following medical opinions in this court's inquiry report.

Considering the degree of vibration, the intensity of force that workers would remove sludge, etc. - It is known that drying operations may affect drying operations independently, and the influence of vibration on drying operations on the shoulder is not significant, and when combined with inappropriate attitude and repeated attitude, it is considered that the burden of drying can be increased.

The power also increases the burden of shouldering when operating together with other burden factors related to inappropriate attitude.

It is difficult to confirm how the video has power on the sole basis of the video.

The self-fashion of a worker who is hosa of a drying work image.

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