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(영문) 서울고등법원 2020.07.01 2019누55882
휴업급여부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if the evidence presented by the plaintiff was presented to the court of first instance.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the first instance, except for a partial dismissal or addition as follows. Thus, this court's reasoning is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or supplementary parts] Part 2 of the judgment of the court of first instance, the "this court" in Part 8 shall be added to "Seoul Administrative Court".

In the fifth of the judgment of the court of first instance, the "request for the appraisal of medical records" shall be made as "the appraisal of medical records in the first instance court" under the first list.

The following shall be added to the six pages of the judgment of the first instance.

[C] In a case where it is determined that the injury or disease of this case was returned to the Plaintiff at the expiration of 18 months after the first diagnosis of the injury or disease of this case, as a result of the correction of the medical record evaluation of the department of anesthesian anesthesia in this Court (the appraisal of the medical record of the first instance court), whether various treatment subsequent thereto was merely passive to prevent the relaxation or aggravation of part of a fixed symptoms without excluding the purpose of healing (pre-treatment) - in a large number of the injury or disease of this case, early diagnosis was conducted and appropriate treatment was conducted, and the symptoms were improved and the treatment was completely completely cured.

However, in case of a chronic pain that does not respond to various treatment, the symptoms are worse despite the continued treatment.

Of course, there are cases where the symptoms are maintained because the symptoms are fixed.

Considering all these cases, in the case of the injury or disease of this case where symptoms are fixed due to chronic pains, various treatments are provided.

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