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(영문) 서울고등법원(춘천) 2015.09.16 2015누78

추가상병변경승인처분취소

Text

1. Revocation of a judgment of the first instance;

2. On September 10, 2013, the Defendant’s disposition on the change of an additional injury or disease against the Plaintiff, and the disposition on the change of the additional injury or disease.

Reasons

Details of the disposition

A. On January 25, 2010, the Plaintiff, who is an employee of the Cheongbu, was subject to an accident where the Plaintiff was faced with a board stone and a roof stone, which was cited in excess of a pipe sprinking (hereinafter “instant accident”).

B. The Plaintiff suffered injury from the 5th head of 5th w lever, the right 4th w w lever, and the 4th w levere (hereinafter “existing injury and disease”), and as a result of the Defendant’s disposition of approval of medical care, the Plaintiff suffered from the same year from February 1, 2010.

7. Up to 31. 31. Medical treatment received in B hospital, etc.

C. On February 6, 2012, where the Plaintiff discovered the Defendant’s “aggravating pressures and spine transformations No. 2” that occurred due to the instant accident, the Plaintiff filed an application for approval of additional injury and injury and additional medical care, but the Defendant had the same year.

4. 4. The measure of refusal was taken.

Accordingly, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the disposition of non-approval of additional medical care (2012Guhap523) with the Chuncheon District Court Gangnam branch of the Chuncheon District Court. The court of the lawsuit rendered a judgment in favor of the Plaintiff partially revoking the part of the pressure frame of the same disposition No. 2013, May 21, 2013.

6. A final and conclusive judgment was rendered on December (hereinafter “prior final and conclusive judgment”), and the Defendant, accordingly, approved the pressure frame No. 28 of the same month (hereinafter “instant additional injury and disease”) as additional injury and disease.

E. In relation to the instant additional medical treatment, the Plaintiff filed a claim with the Defendant for the payment of temporary layoff benefits on July 10, 2013, “from August 1, 2010 to February 6, 2012,” and on August 7, 2013, “from August 8, 2011 to March 9, 2014,” respectively. The Defendant recognized additional medical treatment period only for six months from August 1, 2010 to January 31, 201, which is the date following the end of the existing medical treatment period, according to his/her affiliated advisory doctors, etc.’ opinions, etc., and filed a claim for the payment from August 1, 2010 to October 20 of the same year, which is the date immediately preceding the end of the existing medical treatment period.