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(영문) 서울행정법원 2018.01.17 2016구단17545
산재요양일부불승인처분취소
Text

1. On February 3, 2016, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 20, 2016, at least 14:30 on January 20, 2016, the Plaintiff: (a) experienced an accident where slodrid slodar slodar slodar slodar slodar slodar slodar slodar sloddar slodar slodar slodar slodar slodar slodar slodar slodar, left slodar slodar on the left side, and applied for the first medical care benefits to the Defendant with respect to the above injury.

B. On February 3, 2016, the Defendant approved medical care as to “the eropulmonary heart, the left-hand heart, and the left-hand beat salt” among the injury and disease described in the preceding paragraph. As to “cerebral celebin,” the Defendant issued a non-approval of medical care (hereinafter “instant disposition”) to the effect that “the brain celebin was not verified due to the lack of validity of the injury and disease because of the lack of verification of evidence, such as temporary food room or neological deficit symptoms,” upon the Defendant’s request for medical advice to two persons from the Defendant adviser.

C. The Plaintiff appealed and filed a request for review, but was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main purport of the Plaintiff’s assertion is that the instant disposition for which medical care was not granted for the occurrence of cerebrovasil caused by the instant accident is unlawful.

B. In light of the facts acknowledged prior to the determination, or comprehensively taking account of the aforementioned evidence evidence No. 1, and the overall purport of the argument as a result of a physical examination commission against the head of Seoul Medical Center, it is reasonable to deem that the Plaintiff caused cerebral leys, and thus, the instant disposition that rejected medical care for cerebral leys on the ground that symptoms of food room or neological deficit were not verified, is unlawful.

(1) The result of appraisal of a body appraisal by this court shall be as follows:

The following medical treatment for brain-dead.

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