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(영문) 대구지방법원 2015.04.03 2014구단637
요양불승인처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Circumstances of the disposition and proceedings thereof;

A. On November 11, 2013, around 10:30, the Plaintiff was involved in an accident where the U.S. United Nations in the Daegu-gu Multi-Eup located in a Dagwon-gun in order to remove a ice cream that has been discarded on the stairs in an apartment unit, and the Plaintiff was faced with the head while going beyond the stairs in the middle of the stairs (hereinafter “instant accident”).

B. On February 5, 2014, the Plaintiff: (a) caused brain-dead sugar due to the instant accident (hereinafter “the instant injury”); (b) asserted that the instant injury constituted occupational accidents; and (c) filed an application for medical care with the Defendant; (d) however, on the ground that there is no proximate causal relation with the instant injury to the Plaintiff, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”).

C. On November 28, 2014, the Plaintiff filed the instant lawsuit seeking revocation on the ground that the instant disposition was unlawful, and this court recommended mediation to resolve the dispute with the Plaintiff and the Defendant, “1. The Defendant, on February 5, 2014, revoked the disposition of non-approval for medical care granted to the Plaintiff on the third day for pleading, and immediately approve the medical care for the injury and disease.”

On February 2, 2015, the Defendant accepted the recommendation of mediation of the instant court, and revoked the instant disposition, and issued a new disposition to approve the medical care for the injury and disease of the instant case.

【Ground of recognition】 The fact that there has been no dispute, significant fact in this court, entry of Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. As to the legitimacy of the lawsuit of this case ex officio, the case is examined as to whether the lawsuit of this case is lawful, and the lawsuit of revocation is infringed or interfered with the disposition by restoring to the original state by removing the illegal state caused by an unlawful disposition, etc.

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