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(영문) 서울행정법원 2021.02.04 2020구단53425
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 March 27, 2019, the Plaintiff served as a shot part of the Korea Coal Corporation’s Seoul Coal Corporation, and was suffering from explosion that occurred while blasting around 20:30 on March 27, 2019 (hereinafter “instant accident”): “In the instant accident, 8% of the scarke wall’s scarcitys, flame chloude image (e.g., 2 degrees): etc., the Plaintiff provided medical treatment until February 3, 2020 with the Defendant’s approval of the medical treatment for stress disorder after trauma (hereinafter “the injury”).

B. The Plaintiff, while receiving medical treatment as above, received an additional diagnosis of “brain color” (hereinafter “the instant additional injury and disease”), and applied for additional injury and disease to the Defendant on October 31, 2019.

(c)

On November 18, 2019, the Defendant issued an additional measure for non-approval of the instant injury and disease (hereinafter “the instant measure”) against the Plaintiff on the ground of medical opinion that “if the instant additional injury and disease were caused by the shock at the time of the instant accident, it would occur within 1-2 weeks, and considering the fact that at least four months have elapsed, the instant additional injury and disease were deemed unrelated to the instant accident and the instant additional injury and disease.”

[Ground for recognition] Unsatisfy, Gap evidence of Nos. 1 through 4 (including various numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, immediately after the instant accident, the Plaintiff was unable to know the symptoms of the instant additional injury to the injury to the injury to the Plaintiff, and suspended the taking-up of the medicine during the treatment process, the symptoms of the instant additional injury to the injury to the Plaintiff, which led to the Plaintiff to undergo a diagnosis of the instant additional injury to the Plaintiff. Accordingly, the Plaintiff’s principal doctor presented his opinion that the instant additional injury to the injury was caused by the instant additional injury to the injury to the Plaintiff due to the shocking of cerebral intercourse with the shock at the time of the instant accident, and there was no symptoms caused by the instant additional injury to the Plaintiff prior to the instant accident.

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