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(영문) 서울행정법원 2016.10.06 2016구단55059

추가상병불승인처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 16, 2014, the Plaintiff (BB and South) filed an application for first medical care with the Defendant on May 22, 2014, when he/she was employed by the KBD Co., Ltd. (hereinafter “company”) as an employee of the KBD (hereinafter “company”) and was making an application for first medical care with the left door door door door door door door door door door door door door door door door door door door door door door door door door door door, and obtained approval from the Defendant around that time.

(Period of Medical Care: from April 24, 2014 to September 22, 2014, the Plaintiff filed an application for additional medical care with the Defendant on June 16, 2015, stating that “The Plaintiff would implement the revolving the fluoral fluoral of the fluoral shoulder, damage to the fluoral and power lines, and heat (hereinafter “application injury”).

On June 25, 2015, the defendant rendered a decision not to accept the application for additional medical care on the ground that the applicant's injury or disease does not meet the requirements for recognition of additional medical care.

(hereinafter “Disposition in this case”). 【No dispute exists, Eul evidence Nos. 1 and 2, and the purport of the entire pleadings

2. Whether the disposition is lawful;

A. Since the injury or disease inflicted on the Plaintiff’s claim was caused by the instant disaster or caused by the instant accident, the instant disposition is unlawful.

B. Determination additional medical care benefits are acknowledged in cases where an injury or disease already caused by an occupational accident is additionally discovered, or where a new disease occurs as a result of an injury or disease caused by an occupational accident. Additional medical care is recognized in cases where a person who received medical care benefits suffers from a recurrence of an occupational injury or disease, which was the subject of the medical care after recovery, or where active treatment is required to cure the injury or disease as the state becomes worse after recovery (Articles 49 and 51 of the Industrial Accident Compensation Insurance Act). According to the result of the medical record appraisal entrusted by the Seoul Medical Center, the Plaintiff’s age is 36 years of age.