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(영문) 수원지방법원 2019.10.18 2019구단2705
요양비급여처분불승인취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 6 and Eul evidence Nos. 1, the plaintiff asserted that the plaintiff had been faced with an accident that was dissatisfy in the workplace, and applied for medical care benefits to the defendant. Accordingly, the defendant made a disposition not to grant medical care on March 29, 2019 (hereinafter "the instant disposition"), and the fact that the written disposition of this case was delivered to the plaintiff by mail on April 4, 2019 and received it directly by the plaintiff can be acknowledged.

A litigation for cancellation shall be instituted within 90 days from the date on which the disposition, etc. is known.

(1) Article 20(1) of the Administrative Litigation Act provides that “The Plaintiff filed the instant lawsuit seeking revocation of the instant disposition on April 4, 2019 and August 12, 2019, on which the date on which April 4, 2019, which was 90 days after being served with the notice of the instant disposition, was known.”

Therefore, the lawsuit of this case is illegal as it was filed after the lapse of the time limit for filing the lawsuit, and the defendant's main defense pointing this out is with merit.

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