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(영문) 서울행정법원 2018.10.17 2016구단15150
추가상병불승인처분취소
Text

1. On January 14, 2016, the Defendant’s additional disposition of non-approval of the injury and disease against the Plaintiff on January 14, 2016, is in the right string of the shoulder.

Reasons

1. Details of the disposition;

A. From January 12, 1985 to street cleaners belonging to Gangseo-gu Seoul Metropolitan Government office's cleaning administration department and street cleaners, the Plaintiff was under a traffic accident where the telecommunication collision occurred to the fronter of the freight truck with a telecommunication for road cleaning before the Gangseo-gu Seoul Metropolitan Government Hanyang-dong 1479-11 National Bank (hereinafter "the accident of this case") around June 29, 2010.

As a result, the Plaintiff received from the Defendant the disability grade 7 from the Defendant after receiving medical care until May 31, 2012 due to the injury or disease of “cerebral hemoptysis, salutic mental disorder, and brain injury.”

B. After that, on December 28, 2015, the Plaintiff filed an additional injury and disease application against the Defendant regarding “the instant additional injury and disease” (hereinafter “the instant additional injury and disease”) on the part of half of half of the margin, the left-hand slot, and the half of half of the margin inside the right-hand slot.

C. On January 14, 2016, the Defendant rendered a disposition of non-approval of the instant additional sickness application (hereinafter “instant disposition”) in accordance with the Defendant’s medical opinion by the Defendant’s advisory doctors, stating that “The Defendant is not likely to have any feeegne’s external injuries due to external wounds, and that there is no abnormal opinion due to the changes in the egrative nature. In addition, the right shoulderer M&I is suspected of extreme part-time and extreme damage, but it is difficult to determine the causal relationship with the disaster because it is difficult to know whether egrhee is serious and acute.”

Although the Plaintiff filed a request for examination against this, the Defendant dismissed the Plaintiff’s request for examination on April 18, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the Plaintiff suffered from an injury to the shoulder pipe because the Plaintiff was transferred to the road at the time of the instant accident, and that the Plaintiff suffered from an injury to the upper part of the shoulder pipe, and that the left part of the additional wound was half-month and back-up.

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