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(영문) 인천지방법원 2017.03.21 2016구단275

재요양급여불승인처분취소등

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 14, 2012, the Plaintiff completed medical treatment after receiving medical treatment by no later than May 30, 2013, as a disease of “secting sectings, sectings, salt and tensions on each side, right hand hand hand, secting to the right hand, dump dump, dumping 4-5, fumping dump, fumping dump, both sides, and fumping dump, both sidesed, and fumpeded, both sidesed, and fumpeded, both sidesed.”

B. On January 4, 2015, the Plaintiff filed an application with the Defendant for re-medical care benefits for the “scriptive escape certificate No. 4-5 of the Gyeongsan,” but was not approved by the Defendant on the ground that it does not fall under the criteria for recognition of re

C. On July 27, 2015, the Plaintiff again filed for additional medical care with the Defendant on the ground that the Plaintiff did not constitute the criteria for recognition of additional medical care on September 9, 2015.

The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but was dismissed on February 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1 to 9 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Of the injury and disease caused by the Plaintiff’s assertion, the injury and disease “scopic signboards escape certificates No. 4-5 in the Gyeong River, those left on both sides, and those left on both sides, and those left on both sides,” satisfies the criteria for recognition of additional medical care.

The disposition of this case, which was otherwise determined, is unlawful.

(b) Relevant Acts and subordinate statutes [Industrial Accident Compensation Insurance] Article 51 (Additional Medical Care) (1) of the Industrial Accident Compensation Insurance Act provides that a person who received medical care benefits under Article 40 suffers from an occupational injury or disease which was the subject of medical care after the cure, or becomes worse than at the