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(영문) 서울행정법원 2015.07.03 2014구단7834
추가상병불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On August 20, 201, the Plaintiff, as a worker of the well-dying Industry Development Co., Ltd., was performing a mold assembly construction work at the new loan site on August 20, 201.

On August 28, 2013, in the event of a disaster which lost the center and was laid up with the roof floor from the rooftop to the roof floor, the Defendant was diagnosed as the "Yanchopathal Marma in both sides" (hereinafter referred to as the "the instant injury") while receiving medical treatment. The Defendant applied for the additional injury and disease to the Defendant on August 28, 2013.

On September 13, 2013, the Defendant rendered a disposition to grant additional injury and disease approval to the Plaintiff.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 1, Eul’s evidence 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Since the injury and disease of this case alleged by the plaintiff is caused by occupational accident, the disposition of this case must be revoked in an unlawful manner.

B. Determination additional medical care benefits are recognized in cases where an injury or disease already caused by an occupational accident is additionally discovered, or where medical care is necessary due to a new disease caused by an injury or disease caused by an occupational accident (Article 49 of the Industrial Accident Compensation Insurance Act). In light of the medical record entrustment with the Seoul Medical Center as a result of the examination of the medical record with regard to the Seoul Medical Center, the following: (a) an injury or disease caused by an occupational accident may be limited to the external wound infection of a specific pelvise; (b) a pelvise infection; (c) a pelvise infection; (d) a non-pelvise infection; and (e) a light position and physical injury of a specific pelloge; (e) however, there seems to exist no causal link with a non-alleyne damage. In light of the fact that the instant injury or disease was additionally discovered by only evidence Nos. 2-8

It is insufficient to view that a new disease was caused by an injury or disease caused by an occupational accident, and there is no other evidence to acknowledge it, the instant disposition which non-approveed additional medical care benefits.

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