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(영문) 서울행정법원 2020.03.26 2019구단14974
재요양불승인처분취소
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 April 30, 2003, while working for B corporation on January 12, 198, the Plaintiff was diagnosed with the “surgical escape certificate No. 4-5 of the Ministry of Health and Welfare” (hereinafter “the instant injury and disease”), and received medical care approval from the Defendant until September 10, 2004, and received medical care approval from the Defendant, and thereafter received medical care from July 7, 2017 to January 31, 2018.

B. On May 15, 2018, the Plaintiff filed an application for additional medical care with the Defendant by asserting that the Plaintiff received surgery on the instant injury and received physical treatment and pharmacologic treatment, etc.

On August 17, 2018, the Defendant issued a disposition not to grant additional medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff’s opinion was presented that there was no symptoms malicious as a result of advisory society, and that there was no need for active treatment, making it difficult to view it as an opinion that the additional medical care is inappropriate.”

C. The Plaintiff filed a request for examination against the Defendant, but the Defendant dismissed the request for examination on November 13, 2018.

In other words, the plaintiff filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the request for reexamination on June 20, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion constitutes the requirements for re-treatment that aggravated symptoms than at the time of cure, and thus, the Defendant’s disposition of this case ought to be revoked on a different premise, on the other premise, even though it constitutes the requirements for re-treatment that aggravated symptoms than at the time of cure.

B. The first medical care under the Industrial Accident Compensation Insurance Act is the first medical care except that the injury or disease in question occurs again after the completion of the medical care or that the first medical care is provided due to the merger of the injury or disease in question.

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