logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.11.27 2014구단57624
재요양 및 추가상병불승인처분취소 청구의 소
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 June 23, 2005, the Plaintiff was under the duty of the chemical accident (hereinafter “the instant accident”) and was under the diagnosis of the Defendant on the job-related accident (hereinafter “the instant accident”), and was under the medical care for the said disease from June 23, 2005 to August 11, 2006, the Plaintiff received medical care from the Defendant for the injury to flood (5-6). The Plaintiff was under the diagnosis of the injury to flood (5-6), snick-up (5, 7, 12), snick-up (6, 7), snick-up (6, 7), the right-hand pelke-up, the right-hand pelke-up, the right-hand pelke-up, the upper part, the right-hand pel-down, the right-hand snick-up, and the Defendant’s medical care for the said disease.

B. On November 28, 2013, the Plaintiff filed an application with the Defendant for additional medical care and additional injury to “the right-hand side of the pet (hereinafter “instant injury”). However, on December 16, 2013, the Defendant issued a non-approval of the Plaintiff’s application on the ground that the instant injury and disease does not meet the requirements for additional medical care and recognition of additional injury and injury (hereinafter “instant disposition”).

C. Accordingly, the Plaintiff filed a request for examination to the Defendant, but was dismissed on August 4, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Although the Plaintiff’s assertion meets the criteria for recognition of additional medical care, the instant measure against the Defendant’s different view is unlawful, although the instant injury or disease occurred due to the instant accident or meets the criteria for recognition of additional medical care.

B. (i) According to Article 49 of the Industrial Accident Compensation Insurance Act, an additional injury or disease caused by an occupational accident is additionally discovered and thus requires medical care, or where medical care is necessary due to a new disease caused by an injury or disease caused by an occupational accident, and the causal relationship must be proved by the claimant.

Dor. Dor.

arrow