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(영문) 서울행정법원 2020.08.27 2019구단57995
요양불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On July 26, 2015, the Plaintiff was a worker affiliated with B, who was diagnosed of “an accident that fell during the performance of the relevant accident (hereinafter referred to as “instant accident”) and caused the damage of light water, climatic salt and tensions, shoulder strings, human external trauma wave, artificial hemopical tymosis, gymosis, pathrosis, neutic pathrosis, neutronic balutism, and neutronic balutism,” and filed a medical care benefit application with the Defendant on December 7, 2016.

B. On February 8, 2019, the Defendant issued a medical care non-approval disposition against the Plaintiff on the ground that “the Plaintiff’s medical care non-approval disposition for each of the instant injury” was merely a symptoms but cannot be deemed a final and conclusive injury (hereinafter “instant injury”) with respect to the Plaintiff’s injury to light water, fluoral salt, tension, shoulder fluor, personality fluoral fever, neutical neutronism, neutronical neutronism, and neutronic neutronism.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Each of the instant injury and disease is the injury and disease with independent disease code assigned to the Korean Standard Disease Classification Table, and the Plaintiff’s doctor’s intention was confirmed and diagnosed each of the injury and disease, which does not interfere with the recognition of occupational injury or disease. Each of the instant injury and disease is not always accompanied by the injury and disease, and even if the injury and disease occurred after the occurrence of each of the instant injury and disease to the Plaintiff due to the instant accident, it does not affect the approval of medical care. 2) The Maliology and the neological pain of the instant injury that are shown to the Defendant Plaintiff is ordinarily accompanied by the injury of the light and is not a final and conclusive diagnosis name.

The symptoms can be supported by treatment, and the plaintiff also shows a considerable preference.

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