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(영문) 서울행정법원 2019.07.10 2018구단75354

요양불승인처분취소

Text

1. The Defendant’s disposition of non-approval of part of medical care rendered to the Plaintiff on January 31, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On June 18, 2003, the Plaintiff was employed by C Co., Ltd., which is engaged in small cargo transportation business and carried out delivery services.

On November 9, 2017, the Plaintiff was faced with the Plaintiff’s head head back on the tent while loading and unloading of the cargo to be delivered on the train at around 16:30 on November 16, 2017 (hereinafter “instant accident”).

B. The Plaintiff filed for medical care benefits with the Defendant by asserting that the injury or disease occurred in the instant accident, i.e., the external injury or disease of the conical signboard No. 6-7, 300, 600, 5-6, and 5-6, respectively. However, on January 31, 2018, the Defendant rendered a disposition not to grant medical care (hereinafter “instant injury or disease”) to the Plaintiff on the ground that “the external injury or disease of the conical signboard No. 6-7, 6-7, in light of the image and surgery’s opinion, is confirmed, and the external injury or disease is not confirmed,” according to the medical advisory opinion that “the external injury or disease of the conical signboard No. 6-7, 6,000, 6, and 5-6,000, 5-6,000,000,000,000,000 won.”

C. Although the Plaintiff filed a request for examination against it, the Plaintiff was dismissed on May 1, 2018, and again filed a request for reexamination on June 8, 2018, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the request on August 24, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Of the instant injury, the “scopical signboard escape card No. 5-6 of the Gyeongsan” in the instant injury significantly aggravated above the natural progress due to the instant accident, or while working as a delivery source for 15 years. (2) The instant injury.