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(영문) 대구지방법원 2021.03.26 2020구단1808
추가상병불승인처분취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 4, 2017, the Plaintiff filed an additional injury or disease application on March 28, 2019 (hereinafter “instant injury or disease”) with respect to the medical treatment recognized as an occupational accident on the part of the left-hand 4-5 main structural frame and the left-hand bluoral bluoral bluoral bluoral disease” due to an accident that occurred on August 4, 2017.

B. On April 5, 2019, the Defendant rendered to the Plaintiff a decision on the non-approval of the instant injury and disease (hereinafter “instant disposition”).

(c)

The Plaintiff filed a request for reexamination with the Review Committee of Industrial Accident Compensation Insurance against the instant disposition, but was dismissed on November 21, 2019 (hereinafter “instant adjudication”).

[Ground for recognition] Unsatisfy, entry of Eul evidence No. 1, the purport of the whole pleadings

2. The defendant's main defense

A. The Defendant’s instant lawsuit was filed on September 4, 2020, which exceeded 90 days from December 13, 2019, the delivery date of the written ruling of this case.

Therefore, it is clear that the instant lawsuit was filed with the lapse of the filing period.

B. Determination 1) A revocation lawsuit shall be filed within 90 days from the date the person becomes aware of the disposition (main sentence of Article 20(1) of the Administrative Litigation Act). However, in the case of an administrative appeal, the period for filing the lawsuit shall be calculated from the date when the original copy of the written judgment is served (proviso of Article 20(1) of the Administrative Litigation Act), and the period shall be the peremptory term (Article 20(3) of the Administrative Litigation Act). Meanwhile, with respect to the service of a written adjudication on an administrative appeal, the provisions concerning the service of the Civil Procedure Act in the Civil Procedure Act shall apply mutatis mutandis (Article 57 of the Administrative Litigation Act), and the administrative parties, agents, etc. may be designated and reported as the place where the other place is served (Article 184 of the Civil Procedure Act).

In full view of the purport of the entire arguments in the evidence Nos. 1 and 2 written evidence, the plaintiff filed a request for review with the Industrial Accident Compensation Insurance Review Committee.

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