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(영문) 서울고등법원 2016.12.22 2016누39490
요양(진료계획)불승인처분취소
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

The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as set forth in paragraph (2) below. Thus, this court cites this case in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. This court sees “this court” as “the court of first instance,” which is the fourth 17,18th 17 of the judgment of the court of first instance.

In addition, "the first instance court" shall be added next to "the case" in the sixthth sentence of the first instance court.

The following points shall be added to the 7th nineth sentence of the first instance court:

In relation to the fact-finding on the Chief of this Court’s Seoul National University Hospital, the head of the above hospital cannot be readily determined as to whether the Plaintiff’s symptoms were in a state without any possibility of defense at the time of August 31, 2012, and the Plaintiff’s symptoms appeared even after August 31, 2012.” However, the above reply did not present any objective grounds for “whether the Plaintiff’s symptoms are deemed to have changed on the ground of no possibility of defense.” However, it is difficult to view the above fact-finding alone to the effect that the symptoms of the “bral Madne-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-si,” which is recognized as an additional injury, the above fact-finding result alone cannot be deemed to have improved after August 31, 2012. Therefore, the judgment of the first instance court is justifiable, and it is dismissed as per Disposition by the Plaintiff’s appeal.

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