The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On June 26, 2018, the Plaintiff filed an application with the Defendant for medical care benefits for chronic disability.

B. On November 29, 2019, 201, the Defendant rendered a disposition of denying the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”).

(c)

On July 9, 2020, the Plaintiff filed a request for reexamination with the Review Committee of Industrial Accident Compensation Insurance (hereinafter “instant adjudication”). However, on July 9, 2020, the Plaintiff was subject to a dismissal ruling (hereinafter “instant adjudication”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-2, 2-2, Eul evidence No. 2, and the purport of the whole pleadings

2. The defendant's main defense

A. The Defendant’s lawsuit of this case was filed on August 6, 2020 over 90 days from August 6, 2020, which was the delivery date of the written ruling of this case.

Therefore, it is clear that the instant lawsuit was filed with the lapse of the filing period.

B. 1) Article 18(1) of the Administrative Litigation Act provides that “A revocation lawsuit may be brought without undergoing an administrative adjudication on the pertinent disposition, even if it may be brought pursuant to the statutory provisions.”

However, other Acts provide that a revocation lawsuit shall not be filed without the adjudication of an administrative trial on the relevant disposition. Article 20(1) provides that "a revocation lawsuit shall not be filed within 90 days from the date on which he/she becomes aware of the disposition, etc."

Provided, That the cases provided for in the proviso of Article 18 (1) and other cases where an administrative appeal may be filed, or an administrative agency may file an administrative appeal.

In a case where an administrative adjudication is erroneously notified, the period of time when an original written adjudication is requested shall be reckoned from the day when the original written adjudication is served. Paragraph (3) provides that “the period provided for in paragraph (1) shall be a peremptory term.”

On the other hand, Article 2 (1) 1 of the Certified Labor Act provides that one of the duties performed by a certified labor agent shall be governed by the labor-related law.