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(영문) 서울행정법원 2018.01.19 2017구단57632
재요양불승인처분취소
Text

1. On February 1, 2017, the period between the Defendant and the Plaintiff’s Additional Medical Care No. 2-3 during the Additional Medical Care Non-approval Disposition.

Reasons

1. Details of the disposition;

A. On August 14, 2006, the Plaintiff, who worked in Orbernet Co., Ltd., was suffering from an accident that turns out from stairs (hereinafter referred to as “instant accident”). On November 24, 2008, the Plaintiff, from the Defendant, took medical care until July 7, 2009 with respect to the instant accident, he/she received from the Defendant, as an injury and disease, the nuclear escape certificate No. 5-cheon No. 1, No. 3-4 (hereinafter referred to as “the instant injury and disease”).

B. On January 19, 2017, the Plaintiff: (a) approved the Defendant as additional wounded on the ground that there was no proximate causal relation between the instant accident or the existing injury on the grounds that there was no additional medical care related to the instant injury and the instant injury; (b) on February 1, 2017, the Defendant issued an additional medical care non-approval disposition (hereinafter “instant disposition”) on February 1, 2017, on the ground that there was no proximate causal relation between the instant accident or the previous injury.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 4, 5, Eul Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. It is evident that the Plaintiff’s assertion of this case occurred due to the aftermath of vertebrate, which was received after the Plaintiff suffered the instant accident.

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

B. The facts of recognition are as follows: (a) the medical knowledge of the surgery performed by the Plaintiff on December 30, 2008 on the date of the surgery; (b) the surgery performed by the instant hospital No. 3-4-5 No. 1 on December 30, 2008 on the date of the surgery; and (c) the method of removing conical signboards between B Hospital No. 2-3 on March 19, 2012; (b) the method of removing conical signboards between C Hospital 2-3 on September 5, 2012; (c) the method of removing conical signboards; (d) the number of conical signboards escape symptoms between Ebrate 2-3 and Ebrate 1-1 on December 30, 208, may occur, but the frequency of occurrence.

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