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(영문) 서울행정법원 2017.06.08 2016구단51545

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. On September 11, 2014, the Plaintiff completed the funeral work at the construction site of Macheon-si Bag Construction, and went out to the port and got knee knee knee knee knee knee kne kne kne kne knee knee knee knee knee knee knee knee on the left side (hereinafter “instant accident”), and was diagnosed by the Defendant.

B. Thereafter, around April 23, 2015, the Plaintiff received a diagnosis of “the slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Slives” (hereinafter “instant additional Slives”), and applied for an additional injury to the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3 (including each number), Eul evidence 3-1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not have received medical treatment prior to the instant accident. At the time of the instant accident, the Plaintiff had already suffered a heat from the left-hand slotist, and there was no factor that might affect the instant additional disease other than the instant accident.

Therefore, the Plaintiff’s additional injury to the instant case occurred due to the instant accident.

As such, the defendant's disposition of this case on a different premise is unlawful.

B. According to Article 49 of the Industrial Accident Compensation Insurance Act, an application for additional injury to the Industrial Accident Compensation Insurance Act is filed with respect to a new injury or disease confirmed additionally after obtaining approval for the first medical care due to an occupational accident, and is between the occupational accident and the first injury or the first injury and the first injury and the first injury.