[요양결정처분취소][집33(3)특,386;공1986.1.1.(767),36]
Procedures to be passed through to file an administrative litigation against a decision on insurance benefits under the Industrial Accident Compensation Insurance Act.
Article 3 of the Industrial Accident Compensation Insurance Business and Examination Act provides for the method of appeal against a decision on insurance benefits under the Industrial Accident Compensation Insurance Act, and administrative litigation against a decision on the insurance benefits under the same Act shall be made through all the examination and reexamination procedures under Article 3 of the same Act as a pre-determination requirement.
Article 18 of the Administrative Litigation Act, Article 26-2 of the Industrial Accident Compensation Insurance Act, Article 3 of the Industrial Accident Compensation Insurance Act
Supreme Court Decision 81Nu344 delivered on December 23, 1983, Supreme Court Decision 85Nu400 Delivered on November 12, 1985 (Dong)
Attorney Cho Young-chul et al., Counsel for the defendant-appellant
The head of the Ministry of Labor
Seoul High Court Decision 83Gu237 delivered on December 14, 1983
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
The grounds of appeal by the Plaintiff’s attorney are examined.
According to Article 3 of the Industrial Accident Compensation Insurance Business and Examination Act, a person who has an objection to insurance benefits under the Industrial Accident Compensation Insurance Act shall file a request for review with the Industrial Accident Compensation Insurance Review Committee, and a person who has an objection to such decision may file a request for review with the Industrial Accident Compensation Insurance Review Committee, and a person who has an objection to such decision may file an administrative litigation, and a person who has an objection to the said decision may file an administrative litigation, and a notice of insurance benefits, decision on a request for review, decision on review, and written ruling on a request for review
This provision provides for the method of appeal against the decision on insurance benefits under the Industrial Accident Compensation Insurance Act, and the administrative litigation against the decision on the insurance benefits under the above Act must go through all the procedures for the examination and reexamination under Article 3 of the above Act as a pre-determination requirement (see Supreme Court Decision 81Nu344 delivered on December 23, 1983). The same applies to cases where the above Act does not provide for the validity of the decision and the decision period and the decision period after the lapse of the period in the request for examination and reexamination.
As determined by the court below, it is clear that the plaintiff filed an administrative lawsuit against the non-party on October 8, 1982 by submitting only the president of the Ministry of Labor with respect to the decision of medical care approval for the non-party on November 2, 1982. Thus, the lawsuit on this case (the court below's decision dismissing the lawsuit in this purport is just, and there is no error of law by misapprehending the legal principles as to the procedure of pre-determination, such as the theory of lawsuit, as it did not properly transfer the re-examination procedure for the industrial accident review committee at least as seen above.
Therefore, without merit, the appeal shall be dismissed, and the costs of appeal shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating judges.
Justices Shin Jong-sung (Presiding Justice)