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(영문) 서울행정법원 2020.10.21 2019구단71328
추가상병불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On July 8, 1987, the Plaintiff was enrolled in B Co., Ltd. (hereinafter “instant place of business”) and worked as a guard until he retires on December 12, 2104. On February 17, 2017, the Plaintiff was diagnosed with the peltomatitis, the right-hand administration administration, the right-hand administration administration, and the right-hand side stop fever (hereinafter “pre-qualified disease”), and was approved by the Defendant to receive medical care from the said sick person.

B. Since then, the Plaintiff filed an additional sickness with the Defendant on November 19, 2018, on the ground of the Defendant’s advisory society’s review opinion that “The instant injury and disease cannot be found to have relation to each of the instant injury and disease” on December 7, 2018, based on the following: (a) the Plaintiff’s additional disease and injury to each of the instant injury and disease, based on the following: (b) the instant injury and disease cannot be found to have been discovered due to the changes in the state of happiness; (c) the Plaintiff’s additional disease and injury and disease were diagnosed to have been found to have been non-approval of the Plaintiff’s application for the additional injury and disease of each of the instant injury and disease (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed a request for review and reexamination to the Defendant, but all of the requests for review and reexamination were dismissed.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a new or aggravated disease on the ground of an existing injury or disease. Thus, the Defendant’s disposition of this case on a different premise should be revoked in an unlawful manner.

B. 1) Determination of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”)

Additional medical care is required as an employee finds an injury or disease which has already occurred due to an occupational accident.

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