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(영문) 광주고등법원 2017.02.09 2016누3511

재요양불승인처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the instant disposition

A. On September 18, 201, at around 14:00, the Plaintiff suffered from an accident (hereinafter “the first accident”) with B University International New Construction Site, which was caused by a scarcity, scarcity, etc., while performing the dismantling work at the International Construction Site of B University International University (hereinafter “B University International Construction Site”). The Plaintiff was treated until June 4, 201 with the approval of the medical care for the said injury after the review by the Industrial Accident Compensation Insurance Review Committee.

B. On June 22, 2012, the Plaintiff alleged that he/she sustained an injury or disease in the “Pace Nos. 2-3, Nos. 5-3, Nos. 1, 3-7,” due to the initial accident, and applied for medical care to the Defendant, but was not approved on July 5, 2012.

Accordingly, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the additional injury and disease approval disposition by the Gwangju District Court 2013Gudan379, but was sentenced to a judgment against the said court on August 29, 2013, and the said judgment became final and conclusive around that time because the Plaintiff did not appeal.

C. On January 1, 2015, the Plaintiff asserted that he/she suffered additional medical care due to the first accident (hereinafter “instant accident”) and applied for approval of the Defendant on February 12, 2015, the Defendant rendered a disposition not to grant the Plaintiff’s application for additional medical care (hereinafter “instant disposition”) on the ground that “No. 1 disease was in the state of treatment and the causal relationship between the first accident and the instant injury” was not acknowledged.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 6, Eul evidence No. 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On December 21, 201, the Plaintiff asserted that he/she had been diagnosed by C Hospital with a disc escape certificate, etc., and continued to receive treatment of the instant injury and disease even thereafter, and the medical doctor who provided medical treatment was the first accident.