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(영문) 서울행정법원 2014.07.10 2013구단22768

추가상병및요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On May 14, 2004, the Plaintiff was subject to the accident that he was using the mold mold stegra, the Plaintiff was using the mold stegra in the construction site of the Gi-dong Complex Construction Co., Ltd. (hereinafter “instant accident”). On June 30, 2004, the Plaintiff was subject to the first approval of the medical care for the “Si-ray stegras and stegs, the right stegras, the upper right stegras, the upper end stegras, the upper right stegras, the upper right stegras, and the half-month stegras in the right stegras, the right stegras, and the half-yearly stegras in the right stegra.”

B. On Dec. 2, 2009, the Plaintiff filed an additional injury or disease with the Defendant on the ground that she had her leaderd at the time of the instant accident, and that she divideds trees, shoulders, etc. into the materials of the Defendant, and filed an application for additional injury or disease with respect to No. 5 of the New York Nos. 5 of the New York, the Malithic Malithic Malithic Malithic Malithic Malithic Malithic Malithic Malithic Malist, the 3-4-5 Malithic Malithic Malithic Malist- 1,00, and the Malithic Malithic Malithic 5-6 of the Tlithic Silithic Silithic Malithic Malithic Malithic Malithic Malithic Malithal Malist (hereinafter referred to “ second injury”).

C. The Plaintiff filed a lawsuit seeking the revocation of each additional injury and disease approval disposition against the first and second injury and disease in Seoul Administrative Court No. 2010Gudan5229, and sentenced to dismissal. However, in the case of Seoul High Court No. 2011Nu3496, the appellate court rendered a partial winning judgment (hereinafter “prior winning judgment”) on February 24, 2012, and the judgment became final and conclusive on February 24, 2012. The judgment rejected causation with the accident on the ground that the cause of the second injury and disease is unclear, and that the Plaintiff did not appeal this part of the symptoms or receive separate medical treatment for about two years after the accident.

On January 21, 2013, the Plaintiff (hereinafter “instant injury and disease”) re-contributed to “Sagu and Maternal Disability” (hereinafter “instant injury and disease”).