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(영문) 서울고등법원 2017.11.17 2017누33659
공무상추가상병일부불승인처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The defendant asserts that this court's additional decision in this court is the reason for appeal that "the disease of this case may be caused by the plaintiff's physical and environmental factors, not by image and skin transplant, and the symptoms similar to the disease of this case appear in the body of the plaintiff, as well as the fingers, hairs, and mouths, etc., which have been video and skin transplant, it cannot be ruled out that the disease of this case is transferred to other parts. Thus, the disease of this case cannot be viewed as a disease caused by the plaintiff's business because the cause of the disease of this case is not clear."

The above assertion made by the Defendant in this court is not different from the content of the Defendant’s assertion in the first instance court. The Defendant’s assertion that this issue is asserted is without merit, since the proximate causal relation between the Plaintiff’s work and the injury and disease of this case is sufficiently recognized for the same reason as cited in the above, even though the evidence submitted in the first instance court was added to the evidence (the evidence No. 12-1, No. 2-2, and the fact-finding results for the head of the medical school of this court) which was additionally examined in this court.

3. In conclusion, the plaintiff's claim is justified.

In conclusion, the judgment of the court of first instance, which accepted the plaintiff's claim, is justifiable, and the defendant's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing defendant.

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