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(영문) 서울행정법원 2018.03.07 2016구단52050
추가상병불승인처분취소
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 February 13, 2009, the Plaintiff provided medical care to the worker who had been on duty in the U.S. P. car Co., Ltd., for the “P. 4-5 p.m. escape certificate” (hereinafter “formerly approved injury”) on October 15, 2009. From May 2, 2014, the Plaintiff provided additional medical care for “the 4-5 p.m. emergency escape certificate and the 4-5 p.m. artificial disc drive drive.”

B. On March 6, 2015, the Plaintiff filed an application for additional injury and disease with respect to “the Symar Symar Symar Symar No. 4-5 (hereinafter “the instant injury and disease”). However, on March 11, 2015, the Plaintiff received a disposition of non-approval on the ground that “the Symar Symar Nos. 4-5” under the MRI was observed, but the Symar is deemed to have a low causal relationship with the accident or duty,” and the Plaintiff filed a request for examination against this, but was dismissed.

C. On December 3, 2015, the Plaintiff filed an application for additional injury or disease again with respect to the instant injury or disease, but the Defendant, on December 11, 2015, is deemed to be the “disposition of this case,” which is “a disposition of non-approval of the additional injury or disease on the grounds of the medical opinions of advisory opinions, i.e., a chronic disease.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 2, 3, 4, and 5 (if any, with a serial number), each entry including a serial number, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was the accident of this case, and the injury and disease of this case occurred accordingly.

This constitutes a case where medical care is required because an injury or disease already occurred due to an occupational accident, and thus, the instant disposition that did not approve the injury or disease as an additional injury or disease is unlawful.

B. A worker who is receiving medical care due to an occupational accident is required to receive medical care due to additional discovery of an injury or disease that has already occurred due to the occupational accident or its occupational duty.

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