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(영문) 서울행정법원 2015.08.28 2015구단779
산재상병요양불승인처분취소
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 May 30, 2014, around 16:00, the Plaintiff suffered from the injury of “infection and pelvise salt” at the site of the new construction of the new construction of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “instant disaster”) and received medical treatment on September 4, 2014 after obtaining medical care approval from the Defendant.

B. On September 26, 2014, the Plaintiff received a diagnosis from the Defendant of “the peltom fever on a half-month radius on the left side of the slives (hereinafter “instant injury”) and applied for additional medical care and approval of additional injury and disease.

C. On September 30, 2014, the Defendant rendered a disposition of non-approval of additional medical care and additional injury and disease (hereinafter “instant disposition”) on the ground that “the instant injury and disease is not likely to have proximate causal relation with the instant accident due to the truth-finding of the existing injury and disease due to the depression of the retirement.”

The plaintiff was dissatisfied with the request for examination, but was dismissed on December 17, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 7, 8, Eul evidence 1 (including additional number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff is kneee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

B. (1) Re-treatment under the Industrial Accident Compensation Insurance Act does not change the nature of the first medical care except that of the medical care that the injury or disease in question occurs after the completion of the medical care or that of the merger certificate due to the injury or disease in question. Thus, the requirements for re-treatment do not meet the requirements for the medical care, and therefore, it is recognized that there is a proximate causal relation between the first medical branch of the injury or disease for which the application for re-treatment was filed in addition to the requirements for the medical care.

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