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(영문) 서울고등법원 2015.09.23 2015누42710

추가상병불승인처분취소

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 13, 201, while serving as a taxi driver affiliated with the original transport company, the Plaintiff received medical care for the period of medical care from the Defendant as of August 13, 201, for the period of medical care from August 13, 201 to February 6, 2012, with the diagnosis of “the instant accident” (3, 4, 5, and 11) of the dunes dunes dunes duness (3, 4, 5, and 11) of the dunes duness on the right side, five of the five of the dunes duness on the right side, and other detailed parts of the duness of the duness.

B. On July 22, 2013, the Plaintiff filed an application for additional medical care on the ground that serious pains have re-explosiveed on the left side from July 2, 2013 of the above injury and disease, and filed an application for additional medical care on September 3, 2013 on the ground that the status of the wirs wirs (11) out of the above injury and disease continues to exist and the treatment, such as surgery, was needed. However, on September 25, 2013, the Defendant filed an application for additional medical care on the ground that the symptoms have been fixed more than two years since the date of the disaster, there was no need for surgery, and that it is not subject to active treatment (hereinafter “instant disposition”).

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1 and 5 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion continues to be infinite of the 11th left-hand side even after the medical treatment of the above injury or disease, and there is serious pains on that part. In order to eliminate such pains, the plaintiff needs to provide treatment, such as bones transplantation, internal finite, or finite removal of finites.

Nevertheless, the Defendant’s non-approval of the Plaintiff’s application for additional medical care is unlawful.

B. The Plaintiff, including the Plaintiff’s medical treatment process, was acknowledged on August 13, 201 after the instant accident.