1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff’s application for medical care benefits and disposition of non-approval by the Korea Workers’ Compensation and Welfare Service 1) The Plaintiff, who was employed by the Defendant on August 1, 2015 and worked in the Ulsan Factory Co., Ltd., Ltd. (hereinafter “UBD”) and was engaged in incidental work using PA by-products from November 1, 2015 to November 30, 2015 (hereinafter “instant work”).

(2) Then, the Plaintiff filed an application for medical care benefits with the Korea Workers’ Compensation and Welfare Service, asserting that the instant injury and disease was caused by the instant work on July 25, 2016, after receiving the diagnosis from the right superior of the hospital (hereinafter “instant injury and disease”).

3) At the time of the Plaintiff’s application for medical care benefits to the Korea Workers’ Compensation and Welfare Service, E, the Defendant’s representative director, did not affix a seal to the confirmation column that the circumstances alleged by the Plaintiff relating to the application for medical care benefits. In addition, E submitted to the Korea Workers’ Compensation and Welfare Service a written opinion on the Plaintiff’s application for medical care benefits and a confirmation of the fact for workplace use, respectively. 4) On September 7, 2016, the Korea Workers’ Compensation and Welfare Service rendered a disposition of non-approval for medical care (hereinafter “instant disposition of non-approval for medical care”).

B. After the process of administrative litigation on the Plaintiff’s non-approval disposition of medical care in this case, the Plaintiff filed an administrative litigation with the Ulsan District Court seeking the revocation of the non-approval disposition of medical care in this case (hereinafter “relevant administrative litigation”), and the said court rendered a judgment dismissing the Plaintiff’s claim on April 13, 2017.

The plaintiff appealed against the judgment of the court of first instance, and the appellate court (Seoul High Court 2017Nu21296) accepted the plaintiff's appeal on December 6, 2017, and revoked the judgment of the court of first instance, and sentenced the revocation of the disposition of non-approval of the medical care in this case.