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(영문) 부산고등법원(창원) 2017.10.25 2016누11738
요양비부지급결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

A. On March 17, 2006, the Plaintiff felled below 5 meters in a waterproof construction site at the top of the YIS YIS new construction site, and was diagnosed as “the fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor s

B. On October 13, 2008, the Plaintiff filed an application for additional medical care for the additional injury or disease with respect to the cage cage (hereinafter “instant injury or disease”), and the Defendant was not granted approval.

On February 2, 2010, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the non-approval disposition by the Changwon District Court 2009Gudan1328, and the said court rendered a favorable judgment against the Plaintiff on February 2, 2010.

The above judgment became final and conclusive around that time.

C. After that, the Plaintiff submitted to the Defendant a medical treatment plan continuing to provide outpatient treatment from June 1, 2012 to August 31, 2012 in order to be extended the period of additional medical care while receiving the approval for additional medical care for the instant injury and disease from the Defendant, but the Defendant did not approve the medical treatment plan on the ground that it is reasonable to terminate the treatment as of May 31, 2012.

On the other hand, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the non-approval disposition by the Changwon District Court 2013Gudan5444. While the lawsuit is pending, the Defendant accepted the mediation recommendation of the above court and revoked the non-approval disposition on February 20, 2014 and approved the above medical treatment plan.

On June 13, 2014, the Plaintiff claimed medical expenses equivalent to KRW 2,289,520 for the instant injury and disease that the Plaintiff individually borne by the Defendant from September 1, 2012 to May 20, 2014 as medical expenses. Since the symptoms of the instant injury and disease were fixed at the time of August 31, 2012, the Defendant cannot recognize the need for medical care after September 1, 2012.

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