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(영문) 서울고등법원 2020.01.16 2019누55165
요양급여부지급처분취소
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The grounds alleged by the defendant in the court of first instance while appealed from the judgment of the court of first instance are not significantly different from those alleged by the defendant in the court of first instance, and even if the evidence submitted in the court of first instance is re-examineed along with the defendant's assertion, the judgment of the court of first instance, which

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, this court shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

"Evidence Nos. 4, 7 through 20, and Eul Nos. 2, 3, 6, 7, 11, and 12 of the first instance judgment" are "Evidence Nos. 4, 6 through 20, Eul Nos. 1, 2, 3, 6, 7, 7, 8, 11, and 12 of the first instance judgment."

7. The following shall be added to the 7th parallel:

On the other hand, the instant business entity is a place of business in which the insurance relationship was formed as “the wholesale retail and consumer product repair business,” while the instant business entity is “the entity is a business separate from the domestic business,” and the instant business constitutes a case where the grounds for disposition are recognized as identical in the initial grounds for disposition and basic factual relations and thus the addition of the grounds for disposition is permitted. In addition, the following circumstances, which are acknowledged by adding up the purport of the entire arguments, namely, ① Articles 6 and 7 of the Industrial Accident Insurance Act, and Articles 2 and 5 and 7 of the former Enforcement Decree of the Industrial Accident Insurance Act (amended by Act No. 29180, Sept. 18, 2018), and Articles 5 and 7 of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Act No. 29180, Sept. 18, 2018), the business owner naturally becomes a policyholder of the Industrial Accident Insurance Act, and the insurance relationship is established on the date of commencement of the business.

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