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(영문) 서울행정법원 2013.10.11 2013구단1143
요양(추가상병)불승인처분취소
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. From January 1, 2011, the Plaintiff was employed as a street cleaners from B, and around 05:0 on March 21, 2012, while moving to a street cleaning around 05:00, the Plaintiff was affected by the left-hand shoulder part of the signal light pole due to the disaster, and the Plaintiff was diagnosed of the injury of the 7,8 multi-face cage cage cage cage cage cages on the left-hand part of the signal light, after receiving medical care approval from the Defendant, and applied for additional medical care to the Defendant on April 25, 2012.

B. On May 2, 2012, the Defendant rendered the instant disposition that rejected the Plaintiff’s additional medical care on the ground that the causal link with the instant accident is not recognized to the Plaintiff.

[Grounds for recognition] Gap evidence No. 1-4 and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s additional injury or disease caused by the instant accident is the result of the rapid aggravation of the existing disease.

In contrast, the instant disposition is unlawful.

B. According to Article 49 of the Industrial Accident Compensation Insurance Act, medical care is provided in cases where an employee receiving medical care due to an occupational accident is additionally discovered with an injury or a disease that has already occurred due to the occupational accident, or where medical care is required due to a new disease due to an injury or a disease that has already occurred due to the occupational accident. Thus, the causal relationship between the additional occupational accident and the initial occupational accident or the initial occupational accident should be recognized, and the causal relationship must be proved by the party asserting it. 2) As to the instant case, the following facts are acknowledged in light of the overall purport of the argument as a result of the request for medical care examination of the head of the Sin University Seoul University Hospital Hospital.

(1) Defendant.

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