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(영문) 부산고등법원 2015.12.02 2015누158
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 court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition as follows. Thus, it shall accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(A) In the first instance trial, the Plaintiff is basically repeating the same argument in the first instance trial, taking into account the allegations and reasons why the Plaintiff partly supplemented in the trial, and even if the Plaintiff’s statements in the evidence Nos. 6 through 8 submitted additionally, the first instance judgment is justifiable). On the 9th judgment of the first instance court, the following parts are added to the following: “(3)” (Chapter 8 to 11) of the first instance judgment:

No. 4) The No. 55 of the Industrial Accident Compensation Insurance Act provides that "No. 5 of the Ministry of Employment and Labor (hereinafter referred to as "the Ministry of Employment and Labor") shall give rise to high blood pressure, urine therapy, smoking, and dystrophism." The injury and disease in this case merely appears to have caused high blood pressure, urine therapy, smoking, and dystrophism, etc. by multiple risk factors, and the injury and disease in this case is not likely to cause the injury and disease as soon as narrow as soon as possible due to natural progress by the Plaintiff’s brain-related persons, and there is no need to prove the causal link between occupational medicine, stress, and chromatic, and chrophism. 5) The Ministry of Employment and Labor’s notice as delegated by attached Table 3 of Article 34(3) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, which provides that “the Minister of Employment and Labor shall determine whether to recognize brain-related diseases or heart-related diseases, and shall have an average of 10 percent or more severe skills.

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