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| TITLE | Seoul Administrative Court 2022GuHap55477 Decided August 19, 2022: Confirmed [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In the case where: (a) Party A was vaccinated against COVID-19; (b) upon the occurrence of symptoms of fever, numbness and swelling of both legs, sensory abnormalities, and dizziness, Party A visited a hospital emergency room and was diagnosed with intracerebral hemorrhage with unknown details, cerebral cavernous malformation, and short-term neuropathy with unknown details after examination; (c) a physician at the hospital reported Party A’s symptoms to the competent public health center as adverse reactions to a vaccination; (d) Party A’s spouse applied for compensation for injuries caused by vaccination pursuant to Article 71 of the Infectious Disease Control and Prevention Act, Article 31(1) of the Enforcement Decree of the same Act, etc.; and (e) the Commissioner of the Korea Disease Control and Prevention Agency, despite having obtained evidence that Party A had been vaccinated, decided that the compensation shall not be provided as it was difficult to find a causal relationship between the leg numbness and the vaccination, and the leg numbness, in consideration of the weak temporal probability based on the timing of their occurrence and the malformation of the cavernous blood vessels revealed in radiological inspections, might have been due to reasons other than the vaccine; it was held that: (x) it cannot be concluded definitively that Party A’s symptoms and diseases were caused solely by a reason other than vaccination; and it does not appear completely impossible to infer that such occurred from vaccination, based on medical theory or empirical rules; and (y) it is therefore reasonable to deem that there was a causal relationship between the symptoms and the diseases and vaccination, thus rendering the disposition under a different presumption unlawful. | |
