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(영문) 부산지방법원 2017.10.18 2017구단20266
요양승인처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On June 13, 2016, at the site of the construction of a new building in Busan-gu B and 3 lots of land ordered by the Plaintiff, A filed an application for medical care benefits for industrial accident insurance with the Defendant for the injury and disease of the 'burgical aggregate frame' on June 29, 2016, on the ground that it was caused by an accident in which the non-surging surging is falling from the stairs of the fourth floor during the construction of the walls of the interior stairs in the building due to the fall.

B. On October 24, 2016, the Defendant rendered a disposition to approve the above A’s application for medical care benefits.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence No. 3, Eul evidence No. 1 and the purport of the whole pleadings

2. The defendant, which judged whether the lawsuit in this case is lawful, raises a defense that the period for filing the lawsuit in this case is excessive and unlawful.

In full view of the contents and the purport of the evidence No. 3 and No. 13, the Plaintiff received the instant disposition on October 27, 2016, and the Plaintiff was aware of the instant disposition at that time. However, it is apparent in the record that the Plaintiff filed the instant lawsuit on February 6, 2017, 90 days after the lapse of 90 days. As such, the instant lawsuit was subject to the time limit for filing the lawsuit.

Therefore, the defendant's defense prior to the merits is reasonable, and the lawsuit of this case is unlawful.

3. The conclusion of the instant lawsuit is dismissed, and it is so decided as per Disposition.

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