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(영문) 서울고등법원 2020.04.09 2019누44592
추가상병불승인처분취소
Text

1. Revocation of the first instance judgment.

2. On November 24, 2017, the Defendant’s disposition of non-approval for an additional injury or disease against the Plaintiff.

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was faced with the lower part of the road boundary stone on the day of India at the time of the instant accident. After India, the Plaintiff faced with the lower part of the road boundary.

As a result, there were symptoms, such as the pain, paralysis, and low-forest, on the left side of the instant disaster and bridge, which were not prior to the instant accident, and accordingly, the instant additional injury and disease was diagnosed accordingly.

As such, the Defendant’s disposition of this case, which was made on a different premise, is unlawful even if proximate causal relation is recognized between the instant additional branches and the instant accident.

B. Facts 1) The details of the existing treatment related to the injury and disease of this case are likely to be confirmed by the Plaintiff on June 17, 2015, under the name of the “Variman’s salt and tension” and the “mal root and other obstacles,” respectively, under the name of the “Varier’s disease and other obstacles,” and the medical opinion of the Plaintiff on July 31, 2015 and September 3, 2015, respectively. 2) - The Plaintiff’s doctor’s opinion on the medical opinion on August 21, 2017 - The lower court’s opinion on the medical treatment record of this case was not confirmed on August 21, 2017, and it is difficult to recognize the additional treatment record of this case between the Defendant’s opinion on the application for the instant injury and the Defendant’s opinion on the fact that the additional treatment record of this case was conducted on August 5, 2017, and it is difficult to recognize the additional treatment record of the instant injury and disease.”

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