재요양신청반려처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 4, 2017, the Plaintiff submitted an application for medical care benefits and temporary disability compensation benefits to the Defendant.
B. On January 11, 2018, the Defendant rendered the instant disposition rejecting additional medical care on the ground that the injury or disease alleged by the Plaintiff in the said application does not meet the requirements for recognition of additional medical care, which is stipulated in the industrial accident compensation insurance.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. On November 6, 1985, the Plaintiff filed an application for additional medical care and temporary disability compensation benefits with the Defendant on December 4, 2017, as to whether the instant lawsuit is lawful, while the Plaintiff was employed and worked for the Daewoo Shipbuilding Marine Co., Ltd. on November 6, 1985, and did not completely recover from the occupational injury, and the Plaintiff filed an application for additional medical care and temporary disability compensation benefits with the Defendant on December 4, 2017. The Defendant rejected the said application with no justifiable reason on January 2,
On January 2, 2018, there is no evidence to acknowledge that the Defendant returned the Plaintiff’s application for medical care benefits and temporary disability compensation benefits. Rather, the Defendant rendered the instant disposition that, around January 11, 2018, the Plaintiff did not meet the requirements for recognition of additional medical care for the Plaintiff’s application for medical care benefits and temporary disability compensation benefits, on the ground that the Plaintiff’s application for medical care benefits and temporary disability compensation do not meet the requirements for recognition of additional medical care, as seen in the foregoing basic facts.
Therefore, the lawsuit of this case is seeking revocation of the non-existent disposition, and there is no interest in the lawsuit.
3. As such, the instant lawsuit is unlawful, and it is so decided as per Disposition by the assent of all participating Justices.