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(영문) 서울행정법원 2013.10.30 2012구단28882
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 October 23, 2004, while working in the Changwon Bicycle Racing Corporation, the Plaintiff received medical care until April 30, 2007 as “the first injury and disease” (hereinafter “the first injury and disease”). “The escape certificate of conical signboards, the kne, the kne, the kne, the kne, the kne, the kne, the kne, the kne, the left-hand-hand sle loss” (hereinafter “first injury and disease”).

However, on June 27, 2012, based on the first injury and disease’s opinion that the escape certificate of a conical signboard between the first injury and the left-hand slot, and that the symptoms of the relevant injury and disease (hereinafter “the injury and disease of this case”) have deteriorated, and thus, the examination and operation of the relevant injury and disease are needed, the Defendant applied for additional medical care.

B. On July 11, 2012, the Defendant rendered a disposition not to grant additional medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the instant injury and disease was not worse than at the time of the completion of the first medical care, and that it was not in need of active medical care, such as surgery, etc.

C. The Plaintiff appealed and filed a request for examination to the Defendant, but was dismissed on October 9, 2012.

【Unsatisfied Facts, Gap evidence 2, Eul evidence 1 and 2】

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the instant disposition that did not recognize additional medical care is unlawful even if the Plaintiff received surgery from around 2012 to around 2012, which had a problem on the surgery department and could not be operated without any assistive devices.

B. (1) Medical opinions (1) The Plaintiff’s major medical opinion (Tol University Daejeon Hospital)’s medical care benefit opinion - In the case of conical signboard escape symptoms between the time No. 4-5 of the celethical 19 August 19, 2005, which occurred after the disc removal surgery No. 4-5 of the celethical 19 August 21, 2006, which was continuously treated with pain and uncomfortable symptoms after the expansion of the new landscape among the 4-5th celethical celethical celethical celethical mI and the celethical celethical celethical celethical celethical celethical celethical celethical m

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