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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. After having served as B limited liability company on July 6, 2018, the Plaintiff was diagnosed by the hospital as “the escape certificate of conical signboards No. 4-5, the escape certificate of conical signboards No. 5-6, the escape certificate of conical signboards No. 6-7, the light-sical escape certificate, the light-sical base, and the base salt (hereinafter “instant injury and disease”), and on July 19, 2018, the Plaintiff filed an application for medical care benefits with the Defendant on July 19, 2018.
B. Accordingly, on October 8, 2018, the Defendant denied medical care benefits on the ground that there is no proximate causal relation between the instant injury branches and the instant injury branches on the ground that the intensity of the work did not reach the level likely to cause the instant injury and injury.
(hereinafter “instant disposition”). C.
The Plaintiff filed an administrative appeal against the instant disposition, but the Industrial Accident Compensation Insurance Reexamination Committee rendered a ruling dismissing the Plaintiff’s request for reexamination on January 3, 2019, and the original written ruling was served on the Plaintiff on January 23, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
(a) A revocation lawsuit shall be instituted within 90 days from the day on which a disposition, etc. is known: Provided, That the period at the time an administrative appeal is filed shall be reckoned from the day when the authentic copy of a written adjudication
(Article 20(1)(b) of the Administrative Litigation Act
On January 23, 2019, the original written adjudication of the Industrial Accident Compensation Insurance Reexamination Committee was delivered to the Plaintiff on January 23, 2019, and it is apparent in the record that the instant lawsuit was filed on April 24, 2019 after the lapse of 90 days thereafter. Thus, the instant lawsuit is unlawful as it was filed with the lapse of 90 days.
3. In conclusion, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.