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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. At around 11:00 on April 19, 2016, the Plaintiff, as a worker of the Company B, filed an application for medical care benefits with the Defendant, and received medical care benefits, and received the Defendant’s medical care benefits for “the instant accident, which fell at a height of 5 meters from the work to be carried out (hereinafter “instant accident”). In addition, the Plaintiff filed an application with the Defendant for medical care benefits for the medical care benefits by “the erogate of the erode of the upper part of the upper part of the upper part of the upper part of the body, the frame of the upper part of the upper part of the upper part of the body, the frame of the upper part of the upper part of the upper part of the body, the eromatic part of the upper part of the body, the ero
B. On May 2, 2017, the Plaintiff filed an application for additional injury and disease with the Defendant on the ground that the instant accident occurred, but the Defendant rendered a disposition of additional injury and disease approval (hereinafter “instant disposition”) against the Plaintiff on May 30, 2017.
C. Although the Plaintiff filed a request for review on the instant disposition, the Plaintiff’s request for review was dismissed on August 24, 2017, and the Plaintiff filed a request for reexamination on June 14, 2018, but the Industrial Accident Compensation Insurance Reexamination Committee rejected the Plaintiff’s request for reexamination after the lapse of 90 days from August 28, 2017, on the ground that the Plaintiff filed a request for reexamination on August 31, 2018.
[Reasons for Recognition] Evidence No. 2-1, Evidence No. 4, 6, Evidence No. 1, and the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. It is unlawful that the Defendant’s lawsuit on this case’s main defense is filed with the lapse of the filing period.
B. According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date when the relevant disposition, etc. is known. However, in a case where a request for administrative appeal is possible, the period of time when the relevant request for administrative appeal is filed shall be calculated from the date when the original copy of the written judgment is served. The Plaintiff filed a request for reexamination or a lawsuit seeking revocation of the instant disposition within 90 days from August 28, 2017.