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(영문) 서울행정법원 2018.10.12 2018구단9661

비급여 공무상요양비 지급거부처분 취소

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1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. On August 16, 2006, the Plaintiff was recognized as a public occupational accident from the Defendant on August 16, 2006, and was given medical care from around the above time to December 31, 2017, with respect to the maternal Maternia, Ansan-si, the right-hand brain beer (hereinafter “instant disease”) that occurred on October 29, 2004.

B. (1) On August 17, 2017, the Plaintiff paid KRW 12,830,00, total of KRW 2,830, and KRW 10,000,00, for non-paid selective medical treatment at the Hospital B (hereinafter referred to as “C hospital”) and for which the Plaintiff received hospitalized treatment at the Hospital from October 24, 2017 to October 27, 2017, and paid KRW 137,00,00 ( KRW 112,00,000, KRW 25,000, KRW 112,712, and KRW 30,796,80, KRW 796,80, and KRW 20,035,595,00, for medical expenses and medical expenses for which the health insurance is not applicable (=).

C. On October 2017, the Plaintiff filed a claim with the Defendant for reimbursement of expenses incurred in relation to the expenses paid to B Hospital and C Hospital as indicated in the table “the details of the claim” as indicated below. However, on November 14, 2017, the Defendant notified the Plaintiff that only part of the amount claimed by the Plaintiff should be paid as indicated in the table “the details of the payment” as indicated below (hereinafter “instant notification”). The Defendant notified the Plaintiff on November 14, 2017 that only part of the expenses claimed by the Plaintiff should be paid (i.e., KRW 947,425 (i.e., KRW 1,027,425-80,00).

The “claim” column of the claim amount of medical care expenses, which was submitted by the Plaintiff, for the extension of the medical care expenses of KRW 10,000,00 for the medical care expenses of KRW 10,000,00 for the medical care expenses of private hospital B, does not include selective medical care fees. However, on the ground that the receipt attached by the Plaintiff includes KRW 2,830, the Defendant considered that the Plaintiff was simply omitted at the time of the Plaintiff’s claim for the medical care expenses of KRW 2,830.