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(영문) 서울고등법원 2013. 11. 22. 선고 2013누12203 판결
[요양급여불승인처분취소][미간행]
Plaintiff, Appellant

[Judgment of the court below]

Defendant, appellant and appellant

Korea Labor Welfare Corporation

Conclusion of Pleadings

October 25, 2013

The first instance judgment

Seoul Administrative Court Decision 2012Gudan14821 decided April 5, 2013

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. Purport of claim

The Defendant’s disposition of refusal to grant medical care to the Plaintiff on August 24, 2011 is revoked.

2. Purport of appeal

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

Reasons

The reasoning of this court’s reasoning is the same as that of the judgment of the court of first instance. As such, this court’s reasoning is cited pursuant to Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. Even if the result of a reply by the head of the Samsung Fire and Marine Insurance Co., Ltd.’s Daegu Indemnity Center to the inquiry of the fact by the court, it is difficult to view that the insurance proceeds from self-physical accidents constitute “money received under the Civil Act or any other statute” under Article 80(3)

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

Judges Cho Young-chul (Presiding Judge)

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