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(영문) 서울행정법원 2016.10.20 2016구단2758
보험급여청구권소멸시효불승인처분취소
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 April 11, 2010, the Plaintiff was diagnosed as “scarping pressure frame No. 11” (this case’s disease below) by the Defendant, and was treated from April 11, 201 to September 30, 201 with medical care approval, for the crashed accident, during the process of dismantling a retaining wall concrete installed at the construction site located in the Southern-Gun B.

B. On January 30, 2012, the Plaintiff submitted a medical treatment plan with the purport that “as the Plaintiff was in a state of not forming the bones between 10 and 12 after performing an operation after chest 11, it is necessary to undergo outpatient treatment, such as medication, from January 1, 2012 to December 30, 2012.” However, on the ground that the symptoms of the instant injury were fixed and it is reasonable to complete the medical treatment after the medical treatment until January 31, 2012, the Defendant issued a disposition not to approve the treatment plan (hereinafter, the instant medical treatment plan partially approved on February 3, 2012).

C. On January 30, 2015, the Plaintiff filed a claim for temporary layoff benefits against the Defendant from January 1, 2012 to January 31, 2012, but the Defendant rendered a disposition rejecting payment of temporary layoff benefits from February 23, 2015 to January 29, 2012 on the ground that the extinctive prescription has expired (the instant disposition shall be taken below).

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

2. Determination on the legitimacy of the disposition

A. (1) The Plaintiff’s assertion (1) filed a lawsuit seeking revocation of the above non-approval disposition by the Seoul Administrative Court 2013Guhap1362, on February 3, 2012, against the Defendant’s rejection of a part of the medical treatment plan. However, the judgment dismissing the Plaintiff’s claim was rendered, and the legal relationship becomes final and conclusive only when the Supreme Court rendered a judgment dismissing the Plaintiff’s claim on January 29, 2015, and the period of the lawsuit is related to the claim for temporary layoff benefits for January 2012.

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