logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.08.17 2016누64151
진료계획불승인 처분 및 치료종결처분 취소
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 grounds for the plaintiff's assertion in the trial while filing an appeal is identical to the contents of the plaintiff's assertion in the first instance trial, and even if the evidence submitted in the first instance and the trial together with the plaintiff's assertion, the first instance court's dismissal of the plaintiff's claim is justified.

Therefore, the court's reasoning for this case is as stated in the judgment of the court of first instance, with the exception of adding "(s) No. 4 of the judgment of the court of first instance "(s) falls under the category of medical opinion that continuous treatment of symptoms is needed, but the plaintiff's opinion against the plaintiff is also accepted 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, since the plaintiff's opinion, etc. against the plaintiff that "if the treatment is discontinued, the symptoms or after-the-counter disorder are not shown in spite of long-term treatment, and if the treatment is discontinued, the symptoms are aggravated," and it appears that the treatment for the prevention of aggravation of symptoms is needed on the premise that the symptoms have been fixed, and there is no evidence to acknowledge that the symptoms have not been fixed or that the treatment for the active nursing of symptoms is necessary)" as stated in the judgment of the court of first instance.

2. Thus, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

arrow