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(영문) 서울행정법원 2015.09.04 2014구단54731

추가상병불승인처분취소

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1. Of the instant lawsuit, the Defendant sought revocation of the additional medical care non-approval disposition against the Plaintiff on April 18, 2014.

Reasons

1. Details of the disposition;

A. On December 9, 2010, when the Plaintiff was working as a labor company in the domestic labor law firm, the Plaintiff was subject to a traffic accident that was predicted by the rear-down vehicle in the national highway No. 5-dong-dong-dong (hereinafter “instant accident”) on the way of coming from a business trip to the Daegu High Court due to his/her business relationship, and was diagnosed as “a scopical base, the scopical base, the scopical base, the right-hand base, and the Defendant was approved for the period of medical care from the Defendant on September 16, 2011 to December 22, 2010.

B. On September 28, 2011, the Plaintiff filed an application for additional injury and disease with the Defendant, stating that “the instant accident was diagnosed by “the ex post facto stress disorder” (hereinafter “the instant injury and disease”). However, on November 15, 2011, the Defendant issued a non-approval disposition against the Plaintiff on the ground that it does not constitute the criteria for recognition of additional injury and disease.

C. For similar reasons, the Plaintiff filed an application for additional medical care on December 6, 2013 with the name of the injury or disease, and filed an additional injury or disease application on December 18, 2013. However, on April 18, 2014, the Defendant issued a non-approval disposition against the Plaintiff on the ground that it does not constitute the criteria for recognition of additional injury or disease and additional medical care.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 5, 8, 9 (including branch numbers), and the purport of the whole pleadings

2. We examine the legitimacy of the part of the instant lawsuit seeking revocation of the non-approval of the non-approval of the additional medical care ex officio.

A revocation suit must be filed within 90 days from the date of becoming aware of the disposition (Article 20(1) of the Administrative Litigation Act), and according to the Plaintiff’s statement No. 1, the Defendant written notice of the disposition that “the notification of the result of handling the application for additional medical care and additional medical care” on December 6, 2013 regarding the Plaintiff’s application for additional medical care as of December 18, 2013 and the Plaintiff’s application for additional medical care as of December 18, 2013.