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(영문) 서울행정법원 2015.11.06 2015구단5385
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 May 21, 2012, the Plaintiff, as an employee of “B,” was receiving a central separation unit as it was from the time when he/she delivered food to Obaba (hereinafter “instant accident”), concluded medical care on December 31, 2012 with the approval of medical care for the injury or disease of “the brain dys of the unknown details without any open address in the duba, stroke and tensions of the duna, stroke, salt and tension of the duna, cryle’s salt and tension, dunes of the duna, inside and bottom of the duna, and the duna’s duna, and the duna of the duna, duna, and the duna’s bones of the dunadi,” after receiving the approval of medical care for the injury or disease of the duna.

B. On October 6, 2014, the Plaintiff filed an application for medical care for an additional injury and disease with the assertion that the instant accident occurred with respect to the Defendant, but the Defendant rendered a disposition of non-approval of the Plaintiff’s application for additional injury and disease (hereinafter “instant disposition”) on October 15, 2014.

C. The Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant, but was dismissed, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee, but dismissed on March 5, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff suffered the injury and disease of this case due to the accident of this case.

Therefore, even though the injury and disease of this case constitute occupational accidents, the disposition of this case, which reported differently, is unlawful.

B. (1) According to Article 49 of the Industrial Accident Compensation Insurance Act, an additional injury or disease caused by an occupational accident is additionally discovered and requires medical care, or a new disease is caused by an injury or disease caused by an occupational accident and requires medical care. The causal relationship must be proved by the party asserting it.

Dor. Dor.

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