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(영문) 서울행정법원 2013.05.30 2010구단20587
재요양및추가상병급여불승인처분취소
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. At around 14:00 on September 18, 200, the Plaintiff suffered from an accident suitable for the head, etc. of the franchisium (hereinafter “instant accident”) that had been employed by the franchise in the construction site (hereinafter “instant accident”), and completed medical treatment on March 31, 2010 after receiving the Defendant’s medical treatment on the following grounds: (a) the franchise base, the flue base, the flue base, the flue base, the flue base, the flue base, the flue base, the flue base, the flue base, the flue base, and the flue base (hereinafter “instant approved disease”); and (b) the Defendant received the medical treatment.

B. On April 15, 2010, the Plaintiff filed an application for additional medical care with the Defendant for the instant additional medical care as to “the instant additional injury” (hereinafter “instant additional injury”).

C. On April 28, 2010, the Defendant rendered a disposition not to approve the Plaintiff’s petition (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the instant accident and the instant recognition branches, and that the additional medical care also requires an operation for an injury or disease unrelated to a disaster.

The Plaintiff filed a petition for review against the instant disposition, but the Defendant dismissed the petition on August 23, 2010.

[Ground of recognition] Unsatisfy, each entry of Gap 1-3 evidence (including a provisional number), and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that there was a shock on the shoulder part of the shoulder part where the instant additional wound occurred, among the approved wound part of the instant case, there was a satisfy part of the complete part of the instant approved wound, and that there was no record of having received treatment on the shoulder part prior to the instant accident, the additional wound of the instant case was caused by the recurrence or aggravation of the base wound, which is the first wound approved as the instant accident, and there is a proximate causal relation between the instant accident and the approved first wound.

Nevertheless, the defendant's disposition of this case on different premise is taken.

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