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(영문) 인천지방법원 2017.10.31 2017구단67
최초요양 신청상병 일부불승인처분취소
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 March 19, 2016, the Plaintiff, as an employee of the B Medical Center, was injured as an accident that goes beyond the influence of the dementia elderly (hereinafter “the instant accident”), and applied for the first medical care benefit to the Defendant on March 23, 2016, following the diagnosis of “The instant accident” (hereinafter referred to as “the instant injury”) of the stong stong stong in both sides, the left-hand stong stong in both sides, the left-hand stong instong ins tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos tos

B. On April 4, 2016, the Defendant approved the Plaintiff’s medical care exemption on the ground that the instant injury and disease was caused by the death of the Plaintiff, and approved the medical care only for the remainder of the injury and disease.

(hereinafter) Only approval for the instant injury and disease was made to the instant injury and disease. Meanwhile, on April 22, 2016, the Defendant granted additional approval for medical care to the Plaintiff for the instant injury and disease.

C. The Plaintiff filed a petition for review against the instant disposition, but was dismissed on September 2, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted from February 2, 2015 to March 19, 2016, which was the date of the occurrence of the instant accident, had been carrying out the business of imposing a burden on the preferentially check, and the Plaintiff did not have been receiving medical treatment with respect to the instant wound prior to the instant accident, and thus, the instant injury and disease cannot be deemed as a king. Nevertheless, the Plaintiff was unable to completely carry out the previous business due to the instant accident, and there was a change in the Plaintiff’s posture.

Even if the occurrence of the instant accident is at least, in light of all the circumstances, such as the fact that the instant accident may have aggravated or aggravated damage to the opening of the atmosphere, the instant injury is caused by the disaster of this case and the work performed by the Plaintiff.

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