beta
Text
1. Of the instant lawsuit, the part of the claim for revocation of the disposition not to grant additional medical care shall be dismissed.
2. The plaintiff's remaining claims.
Reasons
1. Determination on the claim for revocation of the non-approval for additional medical care
A. The Defendant’s defense of this case was sent to the Plaintiff on April 16, 2014 and became aware of the said disposition around that time. As such, the instant lawsuit filed on July 18, 2012, which was 90 days after the said 90-day period, was excessive, and thus unlawful.
B. According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be filed within 90 days from the date on which the party becomes aware of the disposition. In such a case, “the date on which the party becomes aware of the disposition” refers to the date on which the party becomes aware of the fact of the disposition by notice, public notice, or other means, and it does not mean the date on which the party becomes aware of the fact of the disposition. However, if the document stating the disposition is served on the party’s address and it is in a situation where the party becomes aware of the disposition by social norms
(2) On April 11, 2014, the Defendant sent the instant disposition to the domicile of the Plaintiff on April 15, 2014, and the Plaintiff appears to have received the Plaintiff’s additional medical care as well as C/C’s domicile on March 11, 2014, taking into account the overall purport of the pleadings in the evidence Nos. 1, 1, 2, and 3, the Plaintiff, upon filing an application for additional medical care on March 11, 2014 (hereinafter “instant domicile”); and the Plaintiff appears to have the domicile of the same birth; the Plaintiff, on April 14, 2014, requested temporary disability compensation benefits to the Defendant on April 14, 2014; and the Defendant sent the Plaintiff the instant disposition to the domicile of the Plaintiff on April 15, 2014, and the Plaintiff appears to have received the additional medical care as well as the Plaintiff’s medical care.