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(영문) 서울행정법원 2018.09.12 2018구단8156

재요양 승인 후 불승인 처분 취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On February 26, 2005, while serving in the company A located in Ansan-gu, Ansan-si, the Plaintiff: (a) caused a disaster, plucking or plucking up the elevator in the location of the vehicle; and (b) concluded the medical care on December 11, 2005 as an injury of “the first half of the slocks, slick fever, and the inner half of the slick,” and (c) completed the medical care once, and on December 22, 2016, the Plaintiff again applied for the medical care again to the Defendant according to the doctor’s opinion.

B. However, on July 13, 2017, the Defendant rendered a disposition of non-approval of the Plaintiff’s application for additional medical care according to the review opinions by the advisory society that the Plaintiff’s situation does not meet the criteria for additional medical care.

C. The Plaintiff filed a petition for review against the Defendant, but the Defendant rendered a decision to dismiss the Plaintiff’s petition for review on October 30, 2017 (hereinafter “instant decision of review”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The lawsuit of this case filed by the Defendant prior to the merits of this case after the lapse of 90 days from the date on which the Plaintiff was served with the original copy of the written decision of this case.

B. A person who is dissatisfied with the decision on the insurance benefits can immediately file a revocation lawsuit without filing a request for examination or reexamination under the Industrial Accident Compensation Insurance Act, and only after filing a request for examination or reexamination, it shall be interpreted that a revocation lawsuit may be instituted at will, and that a revocation lawsuit may be instituted immediately after receiving the decision. In case where a revocation lawsuit is filed without filing a request for examination at will, the period of filing the lawsuit shall be in accordance with Article 20(1) of the Administrative Litigation Act.