beta
(영문) 서울행정법원 2018.12.11 2018구단50386

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 December 26, 2012, the Plaintiff received medical care until July 31, 2014, with the Defendant’s approval, in relation to “brainal resistant resistant species (the fore part of the left part), euthanal pathy, and right-hand infection” (hereinafter “approval injury disease”), and thereafter, received the disability grade of class 15 (a person whose remaining labor is limited to considerable degree of harm to the function or mental function of the new system) from the Defendant.

B. On August 14, 2017, the Plaintiff filed an application for additional medical care with respect to “cerebrovascular transfusion” (hereinafter “instant injury”) with the Defendant, claiming that “the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral sis was conducted by the Plaintiff on the ground that “the instant injury’s disease was caused by an existing disease without any relationship with his/her duties and does not meet the requirements for additional medical care” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the fact that the Plaintiff’s alleged brain transfusion is a highly likely disease that re-explosion; that the Plaintiff re-explosion on the same side of the approved superior branch within a short period of time after the outbreak and completion of treatment; that the Plaintiff did not undergo diagnosis and treatment for high blood pressure for the past ten years; and that the Plaintiff maintained normal blood pressure through continuous treatment even after the completion of medical treatment for approved injury and disease, proximate causal relation between the approved injury and disease of this case is deemed to be established; however, the instant disposition taken on a different premise is unlawful.

B. 1) On December 26, 2012, for the Plaintiff, the first medical department of the Kanyang University Hospital Hospital Hospital and the medical records (such as medical opinions, etc.) are provided to the Plaintiff.