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(영문) 서울행정법원 2019.05.15 2017구단25666
진료계획서 일부 불승인처분 취소
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 February 19, 201, the Plaintiff was an employee of B Co., Ltd., who was engaged in forest felling operations, and was in conflict with trees cut (hereinafter “instant accident”). The Plaintiff was determined as a disability grade after obtaining medical treatment approval from the Defendant on March 4, 2011 with respect to the Plaintiff’s damage to the Han River, the bones, the bones, the bones of the inside side of the instant accident, the string, the string of double walls, the string of double walls, the chroke, the chroke, the chroke, and the tension of the chromoth, and the chromoth of the chromoth, the upper right, March 22, 2012; and each medical treatment or additional medical treatment approval from the Defendant on April 18, 2012; and thereafter, the Plaintiff was determined as a disability grade of medical treatment until December 19, 2018.

B. After that, on May 29, 2015, the Plaintiff filed an application for additional injury to the instant injury and disease by asserting that the instant injury and disease occurred due to the instant accident (hereinafter “instant injury and disease”). On June 17, 2015, the Defendant issued a disposition not to approve the Plaintiff’s application for additional injury and disease on the ground that the instant injury and disease do not meet the criteria for recognition of additional injury and disease.

C. The plaintiff filed an administrative lawsuit against the defendant seeking the revocation of the non-approval of the above additional injury and disease application, and as a result, the judgment citing the plaintiff's claim was sentenced (Seoul Administrative Court 2015Gudan1168). Although the defendant appealed in the above judgment, the judgment dismissing the appeal (Seoul High Court 2016Nu48890) was sentenced in the appellate court, and the above judgment became final and conclusive on November 3, 2016.

In order to extend the period of medical care on May 17, 2017, while the Plaintiff was receiving the instant injury and disease as an additional injury and disease from the Defendant on November 23, 2016, the Plaintiff’s medical treatment plan stating that “from May 24, 2017 to July 18, 2017,” as the period of medical care, is “the medical treatment plan of this case, hereinafter referred to as “the medical treatment plan of this case”.

B. The defendant submitted to the defendant on May 31, 2017.

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