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(영문) 서울고등법원 2016.11.24 2016누49749
요양불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for dismissal or addition of some contents as follows. Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added, in the second part of the judgment of the court of first instance, to the parts which are removed or added:

(E) The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on October 17, 2014. The following is added to the third instance judgment of the first instance court.

(b) As indicated in the relevant laws and regulations, the term “(b)” in Part 2 of the judgment of the first instance court shall be deemed to read “(c)”, the term “C” in Part 5 of the judgment of the first instance shall be deemed to read “D”, and the term “D” in Part 15 of the fifth instance shall be deemed to read “ma”, respectively.

Each "this Court" in the 2 and 3th of the judgment of the first instance court shall be deemed to be "the court of the first instance".

Then, the 4th judgment of the first instance court is not sufficient to conjecture “(the same shall apply even if the Plaintiff’s respective entries in the evidence No. 29 through 31 submitted by the appellate court).”

It is difficult to say that the fourth 15th Doctrine of the judgment of the court of first instance is “frighting”.

The following shall be added to the seventh-party judgment of the first instance.

Article 37 (Standards for Recognition of Occupational Accidents) (1) of the Industrial Accident Compensation Insurance Act in attached Table 37 (Standards for Recognition of Occupational Accidents) (1) If an employee suffers an injury, disease, or disability or dies due to any of the following causes, it shall be deemed an occupational accident: Provided, That this shall not apply where proximate causal relation exists

2. Occupational disease:

(b) Disease caused by occupational injury. (3) Specific criteria for recognition of occupational accident shall be prescribed by Presidential Decree;

Article 34 (Standards for Recognition of Occupational Diseases) (2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act for workers injured on duty.

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