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1. The Defendant’s disposition of non-approval of additional medical care rendered against the Plaintiff on October 29, 2012 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
가. 원고는 1992. 6. 16. 대경화성㈜에 고용된 근로자로서, 2000. 11. 16. 작업장에서 제품을 옮기던 중 허리를 삐끗하는 재해를 입고 ‘제2-3요추간 우측 추간판 탈출증’과 ‘제4-5요추간 추간판 팽윤’ 진단을 받고, 2001. 2. 12. 피고에게 요양신청을 하였다.
B. On February 20, 2001, the Defendant: (a) viewed the Plaintiff as a disaster circumstance or medical opinion; and (b) recognized the medical care by recognizing the causal link with the disaster; (c) but (d) rendered a disposition of non-approval of the medical care on the ground that the “grasing of the side side signboard of the 2-3th century” was a streking due to a change in the streking.
Accordingly, the Plaintiff filed an administrative litigation seeking revocation of partial non-approval disposition, and the judgment accepting the Plaintiff’s claim was finalized on November 16, 200 on the ground that the Plaintiff’s expansion of side signboards was incurred for a long time due to a disaster or work imposing a burden on the part of the Plaintiff on November 16, 200, or that a change in the state of departure was rapidly proceeding more than natural progress.
(Seoul Administrative Court Decision 201Gu31154 decided Dec. 11, 2002, Seoul High Court Decision 2003Nu1402 decided Jan. 30, 2004). In accordance with the purport of the above judgment, the Defendant issued a medical care approval disposition on March 29, 2004 regarding the Plaintiff’s expansion of 4-5 conical signboards.
C. On the other hand, on October 22, 2002, the Plaintiff received an 4-5 conical and convergence surgery from B Hospital, and requested disability benefits to the Defendant around April 2004. On July 5, 2004, the Defendant decided the Plaintiff’s disability grade No. 8-2 (a person who remains after the death penalty or functional disability at the death penalty).
On September 7, 2011, the Plaintiff was diagnosed with vertebrate chronism between the 3-4th century on September 7, 201, and received pelpar 3-4th century on March 9, 2012 and anti-fluorous metal scrapism during the extreme period. On March 26, 2012, the vertebrate chronism to the Defendant on March 26, 201, which was administered for the treatment of cirrology diseases.