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(영문) 춘천지방법원 2017.12.22 2017구합211

추가상병불승인처분취소

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. From May 27, 191 to May 15, 2014, the Plaintiff served as an auxiliary coal support unit at the Korea Coal Corporation Korea Coal Corporation from May 27, 1991.

B. On January 6, 2015, the Plaintiff filed an application for medical care benefits with the Defendant upon diagnosis of “the extreme part and complete part of the shoulder part of the two sides of the shoulder, both sides of the shoulder collision, and both sides of the shoulder,” at the B Hospital located in Ulsan-si, and the Defendant recognized only “the extreme part and complete part of the fish shoulder in the opposite side,” as a result of occupational disease and approved the medical care.

C. On April 12, 2016, the Plaintiff diagnosed “the instant additional injury to the shoulder superior and net damaged (hereinafter “the instant additional injury”) on the part of the U.S. medical branch and applied for additional injury to the Defendant.”

On April 26, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for additional injury and disease (hereinafter “instant disposition”) on the ground that “the existence of the instant additional injury and disease is not clearly identified in the MRI, and it is confirmed that the additional injury and disease is not serious compared to the age.”

E. The Plaintiff dissatisfied with the instant disposition, filed a request for examination with the Defendant pursuant to Article 103 of the Industrial Accident Compensation Insurance Act, and the Defendant rendered a decision to dismiss the Plaintiff’s request for examination on October 20, 2016.

On January 17, 2017, the Plaintiff filed a petition for reexamination to the Defendant pursuant to Article 106 of the Industrial Accident Compensation Insurance Act, and the Defendant rendered a ruling dismissing the Plaintiff’s petition for reexamination on April 10, 2017.

On April 20, 2017, the Plaintiff filed the instant lawsuit.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 8, purport of whole pleading

2. Whether the instant disposition is lawful

A. Although the Plaintiff asserted that the instant additional disease occurred due to cumulative work of excessive shoulder burden while working in a mining center for 22 years and 11 months, the Defendant’s disposition based on a different premise is unlawful.

B. Determination 1: (a) based on the foregoing evidence, the Plaintiff at the B Hospital on March 21, 2016.