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(영문) 서울행정법원 2016.02.26 2014구단50241

추가상병불승인처분취소

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 30, 2012, the Plaintiff was employed in the Data Co., Ltd. Data Co., Ltd. and was working on November 30, 2012, and returned to the office located in the back seat of the si, after consultation on external business on November 30, 2012, and the Plaintiff was faced with a traffic accident leading to a vehicle driven after the si was driven by the si while the si was fast away (hereinafter “instant accident”), and on February 7, 2013, the Plaintiff was provided medical care with the approval of medical care on the left-hand upper part of the upper part of the instant accident, and the scopic salt.

B. Afterwards, on May 6, 2013, the Plaintiff filed an additional injury and disease application against the Defendant on the back-to-hand shoulder ionion of the back-to-hand shoulder and the conical signboard escape certificate No. 4-5 (hereinafter “instant injury and disease”). However, on May 14, 2013, the Defendant issued an additional injury and disease approval disposition (hereinafter “instant disposition”) based on medical advice that proximate causal relation between the instant injury and the instant accident is not recognized.

C. The Plaintiff dissatisfied with the instant disposition and filed a request for examination and reexamination. However, the Defendant dismissed each Plaintiff’s request on August 19, 2013, and the Industrial Accident Compensation Insurance Reexamination Committee dismissed each Plaintiff’s request on October 31, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4, 7, 10, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant injury or disease was caused by the instant accident or the injury or disease caused by the instant accident, and there is a proximate causal relation, and thus, it should be recognized as an additional injury or disease.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The terms used in this Act under the related Acts and subordinate statutes shall be defined as follows:

1. The term "occupational accident" means any injury, disease, disability or death of a worker which is caused by an occupational reason;