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(영문) 서울행정법원 2015.02.04 2014구단50166
추가상병불승인처분취소
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 December 13, 2012, the Plaintiff applied for additional medical care for an injury or disease to the Defendant on May 28, 2013, after receiving the diagnosis of “Woo-man’s salt, tension, left-hand salt, etc.” (hereinafter “formerly approved injury or disease”), and on May 28, 2013.

B. On June 3, 2013, the Defendant rendered medical advice to the Plaintiff on June 3, 2013, according to the opinion that “The Defendant did not grant additional injury and disease approval as a result of the failure to file an application for additional injury and disease (hereinafter “instant disposition”).

【Unsatisfied Facts, Gap 1 and 2 evidence]

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) On December 13, 2012, while receiving medical care due to a disaster on December 13, 2012, the Plaintiff continued pain and received the diagnosis of the applicant’s disease on March 19, 2013 in accordance with the doctor’s opinion, and the doctor’s view is that “the patient is presumed to have been damaged at the same time” and “the patient’s disease is presumed to have been damaged at the same time.” 2) The Plaintiff did not wear the right or receive treatment prior to the accident.

Therefore, the applicant's disease is caused by the same disaster, and the defendant's disposition of this case is unlawful.

B. 1) In full view of the aforementioned evidence, the following facts and medical opinions can be acknowledged in light of Gap evidence Nos. 3 and 8, Eul evidence Nos. 1, and the results of the examination of medical records on the former Hospital of Korea University, the results of the examination of medical records on the former Hospital of Korea, and the overall purport of the arguments on the fact-finding results. (A) The plaintiff was suffering from an accident that goes beyond the center because the center was lost due to the lack of the fixed fin of the right-hand hyp, among the cases listed as stairs from the New Research Institute of Technology and Research in Bupyeong-M Co., Ltd., Ltd., in order to work at around 07:56, Dec. 13, 2012.

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