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(영문) 서울행정법원 2017.11.16 2017구단64968

요양불승인처분취소

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 May 24, 2012, while the Plaintiff was working as a kitchen and a cook at the cafeteria cafeteria located in the Hanam-si, the Plaintiff occurred (hereinafter “previous accident”) from the outbreak of “cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa (hereinafter “previous cerebral Space”) with no medical treatment approval from the Defendant around that time, and received medical treatment from May 24, 2012 to April 30, 2015, and received a judgment of class 2 subparag. 5 of the disability grade.

B. On December 25, 2015, the Plaintiff filed an application for additional medical care with the Defendant on May 10, 2017, when “the injury and disease caused by the application for additional medical care” (hereinafter referred to as “the injury and disease for which the application for additional medical care was filed. On June 13, 2017, the Defendant rendered a decision not to approve the Plaintiff’s injury and disease for which the application for additional medical care was filed on the ground that there was no proximate causal relation between the previous accident and the previous branch (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, Eul evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that there are opinions of the Defendant’s advisory opinion that there is no causal relationship between the Plaintiff’s claim for additional medical care and the previous injury and disease, there is a proximate causal relationship between the previous injury and disease, and thus, this constitutes the ground for additional medical care under Article 51 of the Industrial Accident Compensation Insurance Act, but the Defendant’s disposition of this case based on a different premise is unlawful.

B. (1) The basic facts (A) the Plaintiff’s treatment of the Plaintiff’s previous injury and disease, etc. (A) had undergone a surgery with an unknown cerebrovascular surgery at D Hospital immediately after the injury and disease occurred, and no later than January 8, 2015, the Plaintiff’s treatment by January 8, 2015, as follows: (a) by the National Rehabilitation Center’s rehabilitation hospital, the detailed emulsible emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsive emulsives