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(영문) 부산고등법원 2016.06.15 2015누20138
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 admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance. Thus, the grounds for admitting this case are as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

[The court of first instance rejected the Plaintiff’s claim on the ground that there is insufficient evidence to acknowledge that there exists a proximate causal relationship between the Plaintiff’s work and the instant injury and disease. The Plaintiff basically repeats the same assertion in the first instance court, taking account of the Plaintiff’s partial supplement’s allegations and grounds, and even if examining the result of the medical record appraisal request for the Plaintiff’s head of the High University Uniform Hospital, which was additionally submitted, based on the Plaintiff’s assertion and reasons, and the outcome of the examination on the medical record appraisal request for the Plaintiff’s head of the High University University, (i) even according to the outcome of the examination on the medical record appraisal request adopted at the request of the Plaintiff at the trial, “the ordinary cause of the instant injury and disease is both retired, and (ii) the aggravation of the pain is deemed to have occurred due to the accident, such as the instant accident, and (iii) the existing disease and disease are more likely to have been significantly aggravated than the Plaintiff’s natural progress, and thus, it is reasonable to deem the Plaintiff’s existing judgment on the disease and disease as a whole.

2) The judgment of the court of first instance is just as it is). 2. The plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed.

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