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(영문) 대전지방법원 2020.04.29 2018구합1147

진료계획불승인취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. On September 16, 2017, the Plaintiff was diagnosed as “in the instant injury and disease” due to occupational accidents, and received medical care from B Hospital from September 16, 2017 to January 26, 2018.

B. On January 22, 2018, the Plaintiff submitted to the Defendant a medical treatment plan with a medical treatment period extended from January 27, 2018 to February 8, 2018 (hereinafter “instant medical treatment plan”).

C. On January 24, 2018, the Defendant issued a non-approval of the medical treatment plan (hereinafter “instant disposition”) against the Plaintiff on the ground that “The Defendant’s advisory society cannot expect a defense through additional treatment because there is no aggravation of symptoms peculiar to the instant injury and disease, and presented an opinion that it is reasonable to terminate the medical treatment by January 26, 2018 in the state where symptoms are fixed.”

Around that time, the Plaintiff sought revocation of the instant disposition against the Defendant, but was dismissed on March 23, 2018. Around that time, the Plaintiff filed a request for reexamination on April 4, 2018, but was dismissed on June 22, 2018.

[Reasons for Recognition] The entry of Gap evidence Nos. 1, 2, 5, and 6, the entry of Eul evidence Nos. 1 through 6, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff was receiving medical treatment from September 16, 2017 to January 26, 2018 as the instant injury and disease, and continued to receive pains from the culpian, and in fact, continued to receive medical treatment in B, etc. after January 26, 2018, and has not yet been completed, such as having been receiving medical treatment in the instant injury and disease.

B. Although it is necessary to extend the period of medical care for the injury and disease of this case, the defendant was subject to the disposition of this case on different premise, which should be revoked in an unlawful manner.

3. The entry in the attached Form of the relevant Acts and subordinate statutes;

4. Determination

(a) Subparagraph 4 of Article 5 of the Industrial Accident Compensation Insurance Act is cured.