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(영문) 춘천지방법원강릉지원 2020.05.14 2017구합30697
요양급여부지급처분취소
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 January 25, 2010, the Plaintiff, who was employed by B in the construction site of a new construction project built by B on January 25, 2010 as an employee of D, a subcontractor, was subject to an accident where the stone was moved, and the stone and the roof stone, which were being used in excess of the sprinking pipe, were faced (hereinafter “the instant accident”).

The Plaintiff was diagnosed by the injury of “the 5th head of the 5th head of the 5th head of the 4th head of the right side, the 4th head of the 4th head of the 4th head of the 4th head of the 4th head of the 4th head of the Gu, the 2nd of the 2nd of the 2nd of the 2nd of the

B. On August 1, 2017, the Plaintiff issued an additional medical care and an application for the approval of additional medical care on the ground that “the instant additional medical care is highly likely to have occurred in connection with the instant disaster, but no additional medical care is required for the treatment of the injury and disease” (hereinafter “the instant additional medical care”) with the recognition of the instant additional medical care and the non-approval of the additional medical care.”

C. On September 20, 2017, the Plaintiff filed a claim with the Defendant for the payment of medical care expenses and temporary layoff benefits from March 1, 2013 to February 28, 2015 regarding the instant Additional Injury and Disease. However, on October 27, 2017, the Defendant rendered a decision on the payment of the site for medical care expenses and temporary layoff benefits (hereinafter collectively referred to as “instant disposition”) on the ground that “In view of the period of approval for the medical care, it is deemed that the instant additional injury and disease were medical care for at least one year, and thus it is difficult to recognize the period of additional medical care.”

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 (Evidence with a tentative number includes a Serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the symptoms at the time of February 28, 2013 were not fixed and preserved.

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