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(영문) 서울행정법원 2015.02.13 2014구단50128
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 October 13, 2010, the Plaintiff was faced with a crashed accident while engaging in the dismantling of non-development plates at the construction site of the construction site of the construction site of the construction site of the construction site of the construction site of the common power plant (hereinafter “the instant disaster”), and around that time, the Plaintiff was approved by the Defendant for additional medical care as to “the 4-5 slopings between the 4-5 slopings and the left-hand upper frame.”

B. On October 31, 2012, the Plaintiff filed an application for additional medical care to the Defendant with respect to “damage to external traumas 3-4-5” (hereinafter “instant injury”). However, on January 9, 2013, the Defendant rendered a disposition to grant the Defendant an additional medical care for injury on the ground that it is difficult to recognize the proximate causal relation with the instant occupational accident as the instant injury to the Plaintiff, as the occupational disease.

(hereinafter referred to as “instant disposition”). [The grounds for recognition] without dispute, Gap evidence 1, and Eul evidence 1]

2. Whether the instant disposition is lawful

A. Between the Plaintiff’s assertion 3-4-5 and the Plaintiff’s assertion 3-5 Tulphical existing diseases, such as depression, hydro-culposising, and bridgeing blap, etc.

However, since there was no special obstacle to engaging in physical labor before the disaster of this case, there was no low symptoms on the left-hand side immediately after the disaster of this case, the injury of this case should be deemed to have rapidly aggravated due to the disaster of this case.

(b) The terms used in this Act under the related Acts and subordinate statutes shall be defined as follows:

1. The term "occupational accident" means any injury, disease, disability or death of a worker which is caused by an occupational reason;

[] Where an employee who is receiving medical care due to an occupational accident under Article 49 (Application for Medical Care Benefits for Additional Injury or Disease) falls under any of the following subparagraphs, he/she may apply for medical care benefits for the injury or disease (hereinafter “additional injury or disease”):

1. Where medical care is necessary as an injury or a disease which has already occurred due to the occupational accident is additionally discovered;

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