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(영문) 서울행정법원 2020.04.29 2019구단10460

추가상병불승인처분취소

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. From March 7, 2011, the Plaintiff served as a taxi driver of B Co., Ltd., and there were symptoms, such as the Plaintiff’s failure to drive on the right-hand bridge while driving a taxi on December 21, 2016, and the horse is divided into horses.

(hereinafter “the instant disaster”). On December 22, 2016, the Plaintiff received a diagnosis of “cerebrovascular” and received medical care approval from the Defendant until June 30, 2019.

B. On May 14, 2018, the Plaintiff filed an application for additional medical care benefits on the ground that “the instant additional injury and disease” (hereinafter “the instant additional injury and disease”). However, on June 12, 2018, the Defendant rendered a disposition to grant additional injury and disease approval on the ground that “the instant additional injury and disease were low-income diseases, and it is reasonable to deem it as the instant additional injury and disease, and that it is unlikely that the stroke affected the occurrence of the strokeer disease.”

The Plaintiff filed a request for examination against the above disposition, but the request for examination was dismissed on August 17, 2018.

C. On March 6, 2019, the Plaintiff again filed an application for medical care benefits for the instant additional injury and disease, but the Defendant was against the Plaintiff on April 9, 2019.

For the same reason, the Additional Injury and Disease Approval Disposition (hereinafter referred to as the "Disposition") was made.

The Plaintiff filed a request for examination against the instant disposition, but the request for examination was dismissed on June 27, 2019.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the additional disease of this case is a new disease caused by a climatic color, or an injury or disease caused at the time of the occurrence of the accident of this case, and there is a proximate causal relation with the occupational accident, but the disposition of this case made on a different premise should be revoked as unlawful.

B. Determination 1 under the Industrial Accident Compensation Insurance Act