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(영문) 서울고등법원 2016.09.08 2015누30359
요양불승인처분취소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order to revoke below shall be revoked.

Reasons

1. Details of the disposition;

A. On August 1, 2012, the Plaintiff (B) joined SP and worked as C on or around 15:50 on September 12, 2012 and applied for an additional disease for the “inception, fluoral stress disorder” in the course of the movement (hereinafter “accident”), resulting in an accident that has broken out in the drainage hole (60cm wide x 80cm, depth 28cm in depth) while moving (hereinafter “instant accident”).

B. On December 10, 2012, the Defendant rendered a disposition of non-approval on the ground that there was no additional injury to the Defendant’s adviser’s opinion on the Defendant’s request for an additional injury to “ex post facto stress disorder” on December 10, 2012, according to the Defendant’s advisory society’s review that “it is reasonable to approve the Plaintiff as a adaptation disorder in light of counseling and clinical psychology tests” (hereinafter “instant Disposition 1”), and on January 17, 2013, the Defendant issued a disposition of non-approval on the ground that there was no additional injury to the Defendant’s adviser’s opinion regarding the Defendant’s request for an additional injury to the “protruding signboard escape certificate (C3-C4).”

(hereinafter referred to as “instant Disposition 2”). (c)

The Plaintiff filed a request for review of the above Disposition No. 1 with the Defendant after the instant Disposition No. 1, but received a decision of dismissal on March 11, 2013, and received a request for retrial on May 28, 2013, but received a decision of dismissal from the Industrial Accident Compensation Insurance Reexamination Committee on May 16, 2013.

(A) The Plaintiff received a decision to dismiss the said review on June 4, 2013. In addition, the Plaintiff filed a request for review of the said Disposition No. 2 after the instant Disposition No. 2, but received a decision to dismiss the review on May 22, 2013.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, Gap 12, 13 evidence, Eul 1 through 5, 8 and 9 evidence, the purport of the whole pleadings

2. The judgment of the Defendant on this case’s defense was rendered on March 11, 2013 after the Plaintiff filed a petition for review on the instant disposition No. 1.

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