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(영문) 울산지방법원 2017.01.12 2015구합1728

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. A. On January 20, 2012, the Plaintiff was a driver belonging to Korea-si Co., Ltd. (hereinafter “Nonindicted Company”), and the Plaintiff was under the contact of the Plaintiff’s B-si (hereinafter “Plaintiff”) in the vicinity of the Ulsan-gu Rool-dong Round Ga, Ulsan-gu, U.S., while driving the Plaintiff’s taxi around January 20, 201, the Plaintiff was under the contact of the D-laca car driven by C while driving the vehicle adjacent to the left side of the vehicle (hereinafter “ upper vehicle”). The Plaintiff was under the contact of the upper part of the lower part of the lower part of the Plaintiff’s left side of the vehicle (hereinafter “instant accident”).

B. After the instant accident, the Plaintiff was diagnosed at the E Hospital No. 10 and 11 (hereinafter “the first injury and disease”), and applied for medical care benefits with the Defendant as the first injury and disease upon applying for the first injury and disease on July 24, 2013. However, on September 4, 2013, the Defendant issued a medical care non-approval disposition on the ground that “the first injury and disease were not likely to have occurred, and the causal relationship between the instant accident and the accident cannot be acknowledged” (hereinafter “the first disposition”).

The Plaintiff filed a lawsuit against the Defendant seeking revocation of the first disposition as Ulsan District Court 2014Guhap1769, but the said court rendered a judgment against the Plaintiff on June 25, 2015, and the Plaintiff appealed as Busan High Court 2015Nu22042, but the said judgment of the first instance court became final and conclusive around that time, upon receiving a judgment dismissing an appeal from the said court on March 16, 2016.

C. On January 15, 2015, the Plaintiff filed an application for medical care benefits with the Defendant on the ground that he/she was diagnosed as “the aftermath of spine ebrate, vertebrate disease, vertebral disease, and other specified in spine ebrate ebrate ebrate, ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate ebrate eb., e.g., e., e., e., e., g., e., e., g., e., e., e., e., e., e., e., e., e., e., the second injury e