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(영문) 대전지방법원 2019.08.22 2017구단65

추가상병 및 재요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 28, 2016, the Plaintiff, as an employee of B (ju), was at the construction site of the new apartment building located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the construction site of the apartment building to be located in Seo-gu, Seo-gu, Seo-gu, Seoul, and suffered from strings on the left-hand side the upper part of the upper 5th ground frame, the left-hand hand, and other hand (hereinafter “existing injury and disease”), and obtained the approval of medical care from the Defendant until August 19, 2016.

B. On July 13, 2016, the Plaintiff received an additional diagnosis from the doctor in charge of the instant application for injury and disease in the instant case, and subsequently filed an application for additional medical care on September 26, 2016, and on November 15, 2016, the Plaintiff filed an application for additional medical care with the Defendant, respectively. (C) The Defendant issued a disposition of non-approval of additional medical care on the grounds that it is difficult to recognize a proximate causal relationship between the previous branches on November 16, 2016 and the instant applicant’s disease on December 9, 2016, and that the instant application for additional medical care does not meet the standard for diagnosis of the Type 1 after the multiple number of injury and disease in the instant case. [Recognizing that there is no ground for recognition, the Defendant did not have any dispute over the instant application for additional medical care, the purport and purport of entry, evidence No. 3, 4, 5, 8, 91, and evidence No. 98, respectively.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was diagnosed that the Plaintiff fell under the instant case’s injury and suffering continued, and thus, the instant case’s injury and disease constitutes the complex injury and disease support group, and even if there was a proximate causal relation between the existing injury and disease, each of the instant dispositions on different premise is unlawful.

B. In light of the fact that according to the results of the physical commission to the head of the Busan National University Hospital and the results of the fact-finding reply with respect to the head of the D University Hospital, each of the instant requests for the physical examination does not satisfy the multiple fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor.