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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 2, and 3, the plaintiff submitted to the defendant on January 3, 2018 an application for additional illness and additional medical care with respect to "protruding signboards" No. 4-5, and the defendant issued a disposition to refuse all of them on January 17, 2018 (hereinafter "the instant disposition"). The plaintiff appealed against the instant disposition and filed a request for examination to the defendant on June 19, 2018, but the claim was dismissed on June 19, 2018. Although the plaintiff filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, it can be recognized that the request for reexamination was dismissed on December 13, 2018.
According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date on which the existence of a disposition, etc. is known, but when an administrative appeal has been filed, the original written adjudication shall be instituted within 90 days from the date
In addition, if a person who is dissatisfied with a decision on insurance benefits files a revocation lawsuit after having received both a request for examination and a request for reexamination under the Industrial Accident Compensation Insurance Act, the ninety days of filing of a lawsuit under the provisions of Article 20 (1) of the Administrative Litigation Act shall be calculated from the date of being served with the certified copy
The fact that the plaintiff was served with the original copy of the written adjudication of the Industrial Accident Compensation Insurance Reexamination Committee, which dismissed the plaintiff's request for reexamination on June 3, 2019, is the plaintiff himself/herself, and the fact that the plaintiff filed the lawsuit of this case on September 3, 2019, which was 90 days after the 90 days passed thereafter, is apparent in the record. Thus, the lawsuit of this case is eventually illegal to have been filed after the expiration of the period for filing the lawsuit, and the defendant'
Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.