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(영문) 대구고등법원 2014.06.13 2013누1769
최초요양불승인처분취소등
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 alleged by the Plaintiff in the trial of the first instance while filing an appeal are not significantly different from the contents alleged by the Plaintiff in the first instance court, and the decision of the first instance court rejecting the Plaintiff’s assertion even if the results of the fact-finding on the Superintendent of the Daegu Metropolitan City Police Agency and the head of the Glangbuk-do University Hospital were added,

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, except for dismissal or addition of some contents as follows. Thus, the court's explanation on this case is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The second written judgment of the court of first instance referred to in the 18th written judgment in the actual system as "actual system".

After the third 10th 10th '2th '2th 'the third 10th 'the first 10th 'the first -' judgment' refers to the accident occurred by an employee resulting from his duties in the course of performing his duties. Thus, there should be proximate causal relation between the duties and the disaster. In this case, the causal relation must be proved by the party asserting it.

[Attachment to Supreme Court Decisions 96Nu14883 delivered on February 28, 1997, 99Du11424 delivered on May 12, 200, etc. see, e.g., Supreme Court Decision 99Du1424 delivered on May 12, 200. The 4th sentence of the first instance court is testimony.

Then, it is difficult to view that the Plaintiff’s statement that she told the Plaintiff that her chest was issued, such as this case’s accident, was the basis for supporting the occurrence of the instant accident, even though she was unable to hear the statement that she completed all the day and heard that she was in the same way as the instant accident occurred.

In addition, it is generally difficult to understand that the plaintiff did not talk about the accident of this case which could be the cause of the accident while the plaintiff said that there was a chest for the only fee.

In addition, “H” is added. Each “H” of the 4th 19th 19 and 5th 4, and 8th 198 of the first instance judgment is referred to as “D.”

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