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(영문) 서울행정법원 2019.09.26 2018구단13424
요양불승인처분취소
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 January 24, 2004, the Plaintiff was subject to an accident that collisioned with a hullus during work, and was given medical treatment as an initial and additional injury and disease with respect to “brain, fluoral satum, fluoral satum, fluoral satum, the left-hand base, salted fluoral satum, the left-hand base, satal satum, and chronological satum, and other satise 3, 4, and the Plaintiff was given medical treatment until February 28, 2014

B. On September 19, 2016, the Plaintiff filed an application for medical care for transfer to B hospital on the ground that “the instant injury and disease requires an operation to be taken” with respect to the Defendant on November 24, 2017, on the ground that the instant injury and disease occurred during re-treatment from September 19, 2016, the Plaintiff applied for medical care for transfer to B.

C. On December 7, 2017, the Defendant rendered a disposition not to grant an approval for the transfer of electric power resources (hereinafter “instant disposition”) against the Plaintiff on the ground that “the need for surgery is not observed as a result of the examination of video data” (hereinafter “the instant disposition”).

On May 14, 2018, the Plaintiff filed a request for examination against the Defendant, and the Defendant dismissed the Plaintiff’s request for examination on the grounds that “the Plaintiff’s request for reconfiscence and confiscence is not an approved injury and disease, and that there is no apparent opinion that additional surgery medical treatment is needed according to the video data’s opinion.”

E. Meanwhile, the Plaintiff applied for an additional injury on the Megical disorder, i.e., 3-4, 4-5, 3-4 new landscape, 4-5, 5-6, and 6-7, 3-4, 4-5, 4-5, 4-6, and 6-7, 3-7, 4-5, and 6-7, 3-5, and 3-5, but was not approved.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4, 6 through 8, and 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Of the instant injury and disease alleged by the Plaintiff, “the 3-4 trend” is an approved injury and disease, and thus, the operational treatment received by the Plaintiff can be deemed to be for the treatment of the above approved injury and disease. The Plaintiff is an operational medical treatment.

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