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(영문) 서울행정법원 2016.12.27 2015구단54844
요양불승인처분취소
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. The Plaintiff asserted that, at around November 30, 2014, while driving a taxi of the company, the Plaintiff was a person who was working as a taxi engineer at the Yu Chang Changdong Co., Ltd. (hereinafter, Nonparty Co., Ltd.) and that, on November 30, 2014, the accident that conflict with the signal light pole (hereinafter, the instant accident is written in the following) while driving the taxi of the company, the Plaintiff filed an application for medical care benefits to the Defendant on February 26, 2015.

B. On March 19, 2015, the Defendant: (a) appears to have occurred from the instant accident with respect to an open upper room in ging (pathing stone) among the injury and disease on the instant application; (b) however, with respect to the verteball inverte No. 4 (hereinafter below, this case’s injury and disease), the Plaintiff did not appeal for the pass of the police in the instant case after the instant accident; (c) on December 6, 2014, the Defendant took a disposition not recognized as an occupational accident on the ground that it cannot be deemed as an injury and disease caused by the instant accident (the instant disposition was conducted under the following).

[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1, purport of whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion that the instant accident occurred due to an accident involving a collision between the Plaintiff and the signal signal pole, and that the head of the instant taxi and the border side of the police station were considerably shocked. As such, the impact that became two parts of the instant accident caused the string of the string.

However, according to the Non-Party Company’s instruction that the Plaintiff did not report the accident after the instant accident, the Plaintiff did not talk about detailed circumstances of the accident and the pains on the scambling side in which the Plaintiff asserted that the accident was in excess of stairs, and did not actually lead to the symptoms of the Plaintiff’s failure to receive proper treatment after the instant accident.

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