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(영문) 서울고등법원 2015.10.27 2014누1743
재요양불승인처분취소
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiffs' claim corresponding to the above revoked part shall be revoked.

Reasons

1. The Plaintiffs sought revocation of non-approval of an application for additional medical care in relation to hydro-nuclear escape surgery, ex post facto escape surgery, multiple dynamic symptoms, and e-mail, and the non-approval of the application for additional medical care. The first instance court accepted the parts of hydro-nuclear escape surgery, nephism and e-mail, and dismissed the part of Type I in the complex e-mail after multiple e-mail.

Since only the defendant appealed, the subject of the judgment of this court is limited to the removal of nuclear escape, aftermatho, neutism, and emullosis.

2. Details of the disposition;

가. 망 A(2014. 8. 25. 사망, 이하 ‘망인’이라 한다)은 주식회사 준호기전 소속 근로자로서 2006. 8. 4. 지엠대우자동차 부평공장에서 배관작업 중 전선관파이프 밴딩작업을 하다가 무리하게 힘을 가하면서 허리를 삐끗하는 재해(이하 ‘이 사건 재해’라고 한다)를 당한 후, 피고로부터 상병명 ‘제5요추-제1천추간 추간판탈출증(이하 ’이 사건 승인상병‘이라고 한다)’에 대한 요양승인을 받고 2008. 2. 29.까지 치료를 받았다.

B. On February 25, 2009, the deceased filed an additional medical care application for the instant approved injury and disease with the Defendant, along with a medical care application for the instant approved injury and disease, and filed an application for additional medical care for injury and disease with the accompanying statement of the first diagnosis of the life-free hospital on February 20, 2009.

C. On April 22, 2009, the Defendant rejected the application for additional medical care for the instant approved injury, and on the other hand, the Defendant’s advice to the effect that “the surgery for the removal of nuclear escape does not have any specific characteristics in the MRI, and the neutronic negoical nephism was caused by damage to the relevant data, such as neutical examination, and the leutism cannot be deemed to have been caused by the instant approved injury related to the existing accident as a result of examining the patient and relevant data.”

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