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(영문) 부산지방법원 2016.05.18 2016구단81
추가상병 및 재요양급여 불승인 처분 취소
Text

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. On September 10, 2010, the Plaintiff received medical care until December 31, 2010 by suffering from occupational accidents at the construction site of the New Construction Site B located in the Young-gu Busan Metropolitan City, and suffering from the injury of “the balnese of opical bones, the right upper part of the water surface.”

B. While receiving the above medical care, the Plaintiff confirmed the “amend personality disorder” and applied for additional medical care to the Defendant.

C. On December 8, 2014, the Defendant rendered the instant disposition that rejected all of the Plaintiff’s applications for additional medical care and additional medical care on the grounds that there was no causal link between the first accident and the first approved branch, and the second approved branch.

On April 29, 2015, the Plaintiff filed a petition for review against the Defendant, but was dismissed on April 29, 2015, and the Industrial Accident Compensation Insurance Review Committee filed a petition for review on October 1, 2015, but the petition for review was also dismissed.

(hereinafter referred to as “instant re-examination ruling”). 【No dispute exists, entry in Gap’s Evidence Nos. 1, 2, and Eul’s Evidence Nos. 1 through 6 (including paper numbers), and the purport of the whole pleadings.

2. As to the legitimacy of the instant lawsuit, the Defendant first filed the instant lawsuit after the lapse of the period for filing the lawsuit, the Plaintiff asserts that the lawsuit is unlawful, and the Plaintiff asserted that the period for filing the lawsuit ought to be calculated from that time, on October 2015, because he/she was aware of the fact that the written ruling on re-examination, which ought to be kept in the relative house for medical treatment at the time, was located

A lawsuit seeking revocation, which contests a disposition, etc. of an administrative agency shall be instituted within 90 days from the date on which the relevant disposition is known, and where it has undergone an administrative appeal, etc., the lawsuit shall be instituted within 90 days from the date

(Article 20(1) of the Administrative Litigation Act (Article 20(1) of the Administrative Litigation Act). The plaintiff filed a request for review and reexamination after receiving the instant disposition, but the final dismissal of the request for review on October 1, 2015 is as seen earlier, and on the other hand, A.

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