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(영문) 서울행정법원 2016.07.29 2015구단11076

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 December 13, 2003, the Plaintiff, while serving as a daily worker in the Doll Construction Co., Ltd., was involved in the accident that she faced with her head in the sn beamline (hereinafter the accident in this case) and was determined as the disability grade No. 12 after having been subject to the approval of medical care for brain-proof, salvinitis, salvinitis, salvinitis, salvinitis, salvinum salvinum, cerebriformiform, and cerebriform was not approved for the instant approved disease, and was not approved for the instant approved disease.

B. On August 22, 2014, the Plaintiff filed an application for additional medical care and additional injury and disease with respect to “ex post facto stress disorder” (hereinafter the instant injury and disease), and on January 28, 2015, the Defendant rendered a disposition of non-approval of the instant application on the ground that there was no proximate causal relation between the instant accident and the instant recognition branch (hereinafter the instant disposition).

C. The Plaintiff, who is dissatisfied with the instant disposition, filed a request for examination and a request for reexamination, but all dismissed.

[Ground of recognition] Facts without dispute, Gap 1, Eul 1 through 3, 7, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is due to the instant accident, and the instant disposition based on a different premise is unlawful.

(b) Article 49 of the Industrial Accident Compensation Insurance Act (Application for medical care benefits for an additional injury or disease): Where a worker receiving medical care due to an occupational accident falls under any of the following subparagraphs, he/she may apply for medical care benefits for an injury or disease:

1. Where medical care is necessary as an injury or a disease which has already occurred due to the occupational accident is additionally discovered;

2. An occupational injury or disease that has arisen from the occupational accident and requires medical care due to a new disease. (1) Where a person who has received medical care benefits under Article 40 has become the object of medical care after recovery.