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(영문) 서울행정법원 2016.07.21 2015구단14976

요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 15, 2014, the Plaintiff filed the first medical care benefit application with the Defendant, “In the instant case, the Plaintiff filed an application for the medical care benefits with the Defendant, on December 15, 2014, for the following reasons: (a) the Plaintiff, while carrying out the work by putting a folder with the Defendant while wearing a safety cap on December 11, 2014; and (b) there was shock on the side of the pole due to a collision with the pole (hereinafter “instant accident”).

On January 14, 2015, the Defendant approved the Plaintiff to receive medical care for “Week-in base and lue salt base.” However, on the ground that it is difficult to recognize the causal relationship between the instant accident and the instant accident, the Defendant rendered a decision not to grant medical care for the Plaintiff on the ground that “Ie the 4-5 proteical signboard escape certificate, and the 5th YY-TY (hereinafter “the instant injury and disease”).

(hereinafter referred to as the “instant disposition”), / [Grounds for recognition] of absence of dispute, Gap evidence Nos. 6, Eul evidence Nos. 3 and 9, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The instant injury and disease occurred due to the instant accident or rapidly aggravated, and thus, the instant disposition is unlawful.

B. It is not sufficient to recognize that the injury or disease in the instant case occurred due to the instant accident, or that the existing disease was rapidly aggravated beyond the natural progress, solely with the evidence Nos. 2, 7, and 10 (including the virtual number), and there is no other evidence to acknowledge otherwise.

Rather, according to the result of the request for appraisal of the medical record of Korea National University Cancer Hospital, the disease of this case only appears to be the existing ejaculational disease.

It cannot be deemed that there is a proximate causal relationship between the business and the injury and disease of the instant case.

The instant disposition from the same purport is lawful.

3. We cannot accept the Plaintiff’s claim for conclusion.