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(영문) 서울행정법원 2018.07.12 2017구단31661

추가상병 및 재요양 불승인 처분 취소

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 April 20, 201, the Plaintiff: (a) received medical care approval from the Defendant; (b) completed medical treatment at Samsung Hospital, etc.; and (c) received diagnosis of “the instant additional disease” on July 26, 201, the Plaintiff claimed that “the instant additional disease occurred” was diagnosed as “the instant additional disease due to the instant additional disease” (hereinafter referred to as “the instant additional disease”); and (d) filed an application for additional medical care with the Defendant on July 26, 2016.

B. On September 7, 2016, the Defendant rendered a decision not to grant recognition (hereinafter “instant disposition”) to the Plaintiff on the ground of the Plaintiff’s review result by the advisory society that “It is not reasonable to apply for additional injury and to apply for additional medical care on the ground of the following: (a) the instant accident is a king (existing disease) with no causal link with the instant accident; and (b) the climatic damage is not confirmed with conclusive father and diagnosis basis.”

C. Accordingly, the Plaintiff filed a request for examination with the Defendant on February 2, 2017, and the Defendant dismissed the Plaintiff’s request based on the results of deliberation by the Industrial Accident Compensation Insurance Review Committee, which read, “The Plaintiff’s two parts CT distress and Lee E-mail may not have any special opinion that may lead to the Plaintiff’s two parts CT distress, and in particular, in this case, the treatment ability in the past is verified, the terminal flag damage is weak in terms of specific nephism and objective diagnosis, and vertebrate damage is an individual disease that is unrelated to vertebrate trauma.”

Accordingly, the plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, and the Industrial Accident Compensation Insurance Reexamination Committee on June 15, 2017 referred to the Additional Injury and Disease in this case is the accident of this case.