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(영문) 서울행정법원 2017.11.03 2016구단65650
요양급여부지급처분취소
Text

1. The Defendant’s disposition of granting medical care benefits to the Plaintiff on September 21, 2016 is revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person working as the president of the incorporated association B (hereinafter “instant research institute”).

B. On June 30, 2016, at around 01:00, the Plaintiff was diagnosed as a acute cerebral cerebral Bribery (hereinafter “the instant injury”). As a result, the Plaintiff was diagnosed as being sent to the Geman National University Geman University Gegi-dong Hospital through the 119 first-aid vehicle and received medical treatment.

C. The Plaintiff filed an application for medical care benefits with the Defendant in relation to the branches of the instant injury, but the Defendant rendered a disposition not to accept the Plaintiff’s said application on the ground that there is no proximate causal relation between the occurrence of the injury and the work of the instant injury (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1, 2, 2-2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff worked as the director of the research institute of this case, had considerable stressed, and thereby caused the injury and disease of this case.

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

B. 1) The instant research institute was selected as a business entity by subscribing to the recruitment of the main entity for the establishment and operation of the C, which was recruited by Seoul Special Metropolitan City. Accordingly, the instant research institute installed C facilities in the Dong-gun Incheon Metropolitan City on April 25, 2016, and filed a report on the establishment with the head of Yeongdeungpo-gu Public Health Center, the administrative agency having jurisdiction over the location of the instant research institute. The head of Yeongdeungpo-gu Public Health Center did not accept the said report on the ground that vocational rehabilitation facilities are located in Incheon Si-Gun. As a result, the instant research institute did not receive subsidies from Seoul Metropolitan City, thereby hindering the operation of the instant vocational rehabilitation facility. 2) The instant research institute is being established and operated in Incheon City E Center,

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