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(영문) 서울행정법원 2020.04.29 2019구단16581
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. The Plaintiff, as an employee of the Begylology branch Co., Ltd. (hereinafter “instant workplace”), was diagnosed as “satisfying satchitis on both sides, right-hand satumitis,” and obtained medical care from the Defendant for the above injury and disease, as the Plaintiff was diagnosed as an “satisfying satchitis on both sides, right-hand satumitis,” while working for the instant workplace.

B. On April 8, 2019, the Plaintiff had been receiving medical care due to an officially approved injury, and filed an application for additional injury and disease with the Defendant on either side of the “scarcitys unstable” (hereinafter “instant injury and disease”). On April 12, 2019, the Defendant decided not to approve the Plaintiff’s application for additional injury and disease to the instant injury and disease based on the Defendant’s advisory society’s review opinion that “it is difficult to recognize the causal relationship with the weather and the weather approval disaster” (hereinafter “instant disposition”).

C. The Plaintiff filed a petition for review against the instant disposition, but the Industrial Accident Compensation Insurance Review Committee dismissed the Plaintiff’s petition for review on August 22, 2019, on the ground that “a clear human injury is not verified in the satisfaction MI’s opinion, and an unstable opinion is not observed in the dynamic examination.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 1 through 3, Eul evidence No. 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was found to be a new or aggravated disease on the ground of the previous or aggravated disease, and thus, the Defendant’s disposition of this case, which was made on a different premise, should be revoked in an unlawful manner.

B. 1) Determination of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”)

Additional medical care is required as an employee finds an injury or disease which has already occurred due to an occupational accident, or it is necessary to receive medical care due to an occupational accident.

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