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(영문) 서울고등법원 2021.01.20 2020재누115

재요양불승인처분취소

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff (the plaintiff).

claim, purport of claim,

Reasons

1. The following facts, which became final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:

가. 원고는 2000. 11. 16. B㈜에 근무하던 중 작업장에서 제품을 옮기던 중 허리를 삐끗 하는 재해( 이하 ‘ 이 사건 업무상 재해’ 라 한다 )를 입고 ‘ 제 2-3 요추 간 우측 추간판 탈출증’ 과 ‘ 제 4-5 요추 간 추간판 팽윤’ 진단을 받고, 2001. 2. 12. 피고에게 요양신청을 하였다.

B. On February 20, 2001, the Defendant approved the medical care for “the escape card to the right side between the 2-3 thirs,” and issued a disposition not to approve the medical care for “afluoring 4-5 stirs.”

Accordingly, the Plaintiff filed an administrative litigation seeking the revocation of the above non-approval disposition, and the final judgment citing the Plaintiff’s claim became final and conclusive (Seoul Administrative Court Decision 2011Gu31154, Dec. 11, 2002; Supreme Court Decision 2003Nu1402, Jan. 30, 2004). In accordance with the purport of the above judgment, the Defendant issued a disposition to approve the medical treatment on March 29, 2004 with respect to the Plaintiff’s “s 4-5 galleapleleaps”

(c)

On October 22, 2002, the Plaintiff received an 4-5 conical and convergence alcoholic beverages at C Hospital, and requested disability benefits to the Defendant around April 2004. On July 5, 2004, the Defendant decided the Plaintiff’s disability grade as Class 8 Grade 2 (the left person who has a disability or function on the side of Jeju) (the remaining person who has a disability or function on the side of Jeju).

(d)

On September 7, 2011, the Plaintiff was diagnosed with the vertebron cron culp culposis (hereinafter “the instant re-medical injury and disease”). On March 9, 2012, the Plaintiff received the pellet culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp culp, 2012.