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(영문) 서울고등법원 2015.05.13 2014누60933
장해급여부지급처분취소
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 reasoning for this case by the court of first instance as to this case is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing it as is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

[Additional Decision] According to the disability diagnosis written by the Plaintiff on January 8, 2013, 201, the Plaintiff asserted to the effect that, in addition to the rehabilitation medical department, the symptoms of the deceased were recorded on October 1, 201 as the fixed date of symptoms, it is recognized that the symptoms of neutronic cys have already been fixed before the death of the deceased.

On January 3, 2013, the first instance court's fact-finding report prepared on January 14, 2013, stating that ① the content of the above disability diagnosis statement states that the continuous medical treatment in the future needs to be conducted, ② the rehabilitation medical doctor department of a set-off hospital and the medical treatment plan prepared on January 3, 2013, included the “alternative disorder” in the symptoms of appeal, and the need to continue medical treatment in the future for the urology and the symptoms of the urology. ③ According to the results of the first instance court's inquiry, according to the doctor's diagnosis document prepared on January 14, 2013, it was confirmed that the doctor in charge is helpful to the bereaved family and prepared a disability diagnosis report after the death of the deceased.

In full view of the following: (a) on August 24, 201, when the accident occurred, the deceased performed an operation on the urine of the urology; (b) thereafter, there is a statement on the purport that the deceased performed rehabilitation treatment on the urine pulmonary light, etc.; and (c) on October 1, 2011, written on the day when the symptoms were fixed; and (d) on October 1, 201, it is difficult to deem that the symptoms of the urology and the urology were fixed separately from the rehabilitation medical department in light of the records of treatment that were actually implemented in the future. In full view of these, only the above disability diagnosis statement written by the deceased as of January 8, 2013, on the day when the deceased died.

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