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(영문) 부산지방법원 2011.04.13 2010구단2344

추가상병및재요양급여불승인처분취소

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 July 5, 197, when the Plaintiff was employed as an employee of the peace keeping industry corporation, the Plaintiff was faced with an accident that the oxygen was explosiond (hereinafter referred to as the "accident in this case") and obtained medical care approval from the Defendant, and applied for further medical care on September 23, 2009 for further application for approval of the additional disease in each of the instant additional diseases and the instant additional medical care on September 23, 2009, after receiving medical care approval from the Defendant by August 17, 197.

B. On April 6, 2010, the Defendant dismissed the Plaintiff’s application for the above additional medical care and the application for the approval of additional medical care in accordance with the medical advisory opinion that both sides are irrelevant to the instant accident and it is difficult to expect the treatment effect through the medical care as the Plaintiff’s isolation was normally cured.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 1-4, Eul evidence 2-2, Eul evidence 2, the purport of whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (1) The Defendant did not distinguish the additional medical care benefits from the injury and disease, and the instant disposition is unlawful since it is not clear whether the grounds for the refusal are about additional injury and disease, and whether the additional medical care is related to additional medical care.

(2) As to the application for approval of the instant additional injury, the instant additional injury and disease was deemed to have caused the instant first injury and disease, but the Defendant’s non-approval of the instant additional injury and disease was unlawful.

(3) As to the application for the approval of the medical care of this case, the Plaintiff received a crypt operation due to the instant accident and completed the medical treatment and care, but the Plaintiff did not leave the crypt.