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(영문) 부산지방법원 2019.10.23 2018구단21914
최초요양상병일부불승인 처분취소청구의소
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 March 30, 2018, around 17:20 on March 30, 2018, the Plaintiff was involved in an accident on which the Plaintiff was on duty while shipping cargo within the business place B, and was on duty (hereinafter “instant accident”).

B. After the instant accident, the Plaintiff was diagnosed as “the pressure table on the bones (T12), scopic scopher (C7), and verteblive signboard escape certificate (T1-2, 3-10, L4-5, L5-S1)” and applied for the first medical care benefit to the Defendant.

On April 26, 2018, the Defendant approved medical care benefits with respect to the parts of the pressure table on bones (T12) and c7, but issued a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that there was no causal link with the instant accident with respect to the part of the Plaintiff’s verteblive signboard escape certificate (T1-2, 3-10, L4-5, L5-S1, hereinafter “instant injury”).

C. The Plaintiff filed a petition for review seeking revocation of the instant disposition with the Defendant around the date of the instant disposition, but the said claim was dismissed on October 4, 2018.

【Ground of recognition】 Any description of the absence of dispute, Gap No. 1, 8, and 10

2. The legality of the instant disposition

A. The plaintiff's assertion did not receive treatment with the injury of this case, saves, saves, and leg saves prior to the occurrence of the accident of this case, but the above symptoms were found immediately after the accident of this case.

Although the Plaintiff’s injury and disease had a proximate causal relation with the instant accident, the instant disposition was unlawful on a different premise.

(b) The attached Form of relevant statutes is as follows.

C. Fact 1) On March 30, 2018, the date of the instant accident, the Plaintiff photographs CT and MIM through the Emergency Department at Busan National University Hospital. At the time, the reading dog at the time, protruding disc No. 1-2, the chest 9-10, the central light-based hard disc No. 9-10, the Epicking, the Epicking No. 4-5, the Epicking, the disc expansion centered on spinlet 4-5, and the copiing centered on spine.

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