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(영문) 대구지방법원 2020.07.17 2019구단2522
요양불승인처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On January 15, 2019, the Plaintiff fell at a height of 2 meters, such as a shooting bridge, among the roads in which a air-conditioninger is installed, and diagnosed “brupted salt base, the two sides of the two sides, the high-speed salt base on both sides, the right shoulder base, and the conical signboard escape certificate No. 3-4-5 of the Pacific City,” and applied for the first medical care benefit for the above injury and disease to the Defendant.

B. On February 15, 2019, the Defendant approved the medical care for “the instant disposition” in relation to “the acute base, the two sides of the two sides, the high-speed salt in both sides, and the right shoulder.” However, the Defendant issued a disposition of non-approval of the medical care benefits (hereinafter referred to as “instant disposition”).

C. The Plaintiff filed a request for examination against the Defendant on April 17, 2019, but the request for examination was dismissed. The Plaintiff filed a request for reexamination by the Industrial Accident Compensation Insurance Reexamination Committee again, but the request for reexamination was also dismissed on August 8, 2019, and the Plaintiff was served on August 9, 2019.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. Determination on this safety defense

A. On November 8, 2019, the Plaintiff asserted that the instant lawsuit was filed on November 8, 2019 after the date on which the written ruling was served. The instant lawsuit is unlawful as it was filed with the lapse of the period for filing the lawsuit.

B. According to the proviso of Article 20(1) of the Administrative Litigation Act, where an administrative appeal is adjudicated, a revocation lawsuit shall be filed within 90 days from the date of receiving the original copy of the written adjudication. According to Article 111(2) of the Industrial Accident Compensation Insurance Act, an adjudication by the Industrial Accident Compensation Insurance Review Committee shall be deemed an adjudication on an administrative appeal when Article 18 of the Administrative Litigation Act

Therefore, when a plaintiff files a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee and makes a ruling thereon, the plaintiff shall file a lawsuit within 90 days from the date of receiving the original copy of the written ruling.

In this case.

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