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(영문) 광주고등법원(전주) 2019.11.13 2019누1017
요양불승인처분취소
Text

1. Revocation of the first instance judgment.

2. The first disposition of non-approval of medical care benefits rendered by the Defendant to the Plaintiff on March 25, 2016.

Reasons

1. Details of the disposition;

A. On February 3, 2016, at around 13:10, the Plaintiff filed an application for medical care benefits with the Defendant on the ground that: (a) while working in the bus department E-2 process in the bus department D Co., Ltd., Ltd., Ltd., located in the Jeonju-gun, Jeonju-gun, the Plaintiff got out of a board of work to bring materials after work at the bus panel (hereinafter “instant accident”); and (b) the Plaintiff was faced with the blurg in the back of the vehicle (hereinafter “instant accident”); and (c) on February 18, 2016, the Plaintiff filed an application for medical care benefits with the Defendant on the ground of the salt coordinate and tension (hereinafter “instant injury”).

B. On March 25, 2016, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) on the ground that there was no medical causal relationship between the instant accident and the instant injury and the injury and disease, in light of the fact that it is difficult to objectively recognize the instant accident alleged by the Plaintiff, as well as that there was no confirmation of a subordinate opinion that could be seen as at the time of the instant accident on the date of the accident, and that there was no confirmation of the fact that he received medical treatment before the accident.

C. On the other hand, on April 5, 2016, the Plaintiff prepared a false statement that is unfavorable to the Plaintiff in relation to the instant accident by the F, the head of the Working Group: (a) prepared a substitute report of the title “IF leader who concealed the Plaintiff’s members with a false statement,” and posted it on the restaurant located in the said D Jeonju Factory.

F) After having filed a complaint against the Plaintiff on the charge of defamation or defamation of false facts, F had the Plaintiff revoked the complaint at the investigation stage, and the first instance court (former District Court 2016No955) dismissed the public prosecution on December 27, 2016 on the grounds that the complaint against the insulting part was revoked. After the Prosecutor appealed, the Prosecutor revised the indictment to the charge of defamation by the statement of false facts in the appellate court (former District Court 2017No38) on August 18, 2017.

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