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(영문) 서울행정법원 2016.09.30 2015구단18015
추가상병불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 25, 2003, the Plaintiff was diagnosed as “alley, a part of the right, and a part of the sacratitis” due to an occupational accident, and received medical care until April 21, 2004.

B. The Plaintiff obtained approval of an additional injury and disease on the “surgical escape certificate of the 4-5th century,” and received medical care two times from December 20, 2005 to April 8, 2007, and from September 1, 2013 to August 31, 2014. On January 27, 2014, the Plaintiff filed an additional application for an additional injury and disease on the “marthal personality protection” and received medical care until August 31, 2014.

C. On May 7, 2015, the Plaintiff filed an application for the instant injury and disease as an additional injury and disease (hereinafter “the instant injury and disease”). However, on October 15, 2015, the Defendant rejected the application by the Plaintiff on the ground that the instant injury and disease is included in the injury and disease caused by the death and injury, the escape certificate of the conical signboard, and the neutronic protection.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s statements in Gap’s Evidence Nos. 1 through 4, Eul’s Evidence Nos. 1, 2, 3, 6, 7, 8, and 9, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is not an injury or disease included in a new injury or disease with the approval of a new injury or disease caused by the “satise-profe-profe-profe-profe-profe-profe-profe-profe-profe

On a different premise, the Defendant’s disposition of this case, which rejected the Plaintiff’s application for additional injury and disease, is unlawful.

(b) Where a worker receiving medical care due to an occupational accident under Article 49 of the Industrial Accident Compensation Insurance Act (Application for Medical Care Benefits for Additional Injury or Disease) of the relevant Acts and subordinate statutes falls under any of the following subparagraphs, he/she may apply for medical care benefits for an injury or disease (hereinafter referred to as "additional injury or

1. Where medical care is necessary as an injury or a disease which has already occurred due to the occupational accident is additionally discovered;

2. Where medical care is needed as a new disease occurs as a result of an injury or a disease which has arisen from the occupational accident.

B. Prior to the determination.

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