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(영문) 서울행정법원 2020.05.27 2019구단16598

진료계획불승인처분취소

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. The Plaintiff was diagnosed on June 7, 2018, as the C Point Team leader, who was working at the workplace on June 6, 2018 (hereinafter “the instant disaster”), and obtained medical care approval for the instant injury and disease from the Defendant on the following day (hereinafter “the instant injury and disease”).

B. On April 8, 2019, the Plaintiff filed an application with the Defendant for a medical treatment plan regarding the instant injury and disease “from April 17, 2019 to July 16, 2019.” However, on April 12, 2019, the Defendant rendered a decision to approve the reduction (hereinafter “decision to approve the reduction of the instant case”) on the ground that “it is reasonable to terminate the treatment with the symptoms of the Plaintiff after the outpatient medical treatment until May 31, 2019.”

C. On May 23, 2019, the Plaintiff again filed an application with the Defendant for medical treatment plan “from June 1, 2019 to August 30, 2019” regarding the instant injury and disease. However, on May 24, 2019, the Defendant rendered a decision not to approve the medical treatment plan (hereinafter “instant disposition”) on the ground that “The Plaintiff, on May 24, 2019, did not have any symptoms aggravation compared to the point of deliberation by the advisory society on April 11, 2019, and it is reasonable to terminate the treatment after the medical treatment until May 31, 2019 according to the result of the previous advisory society.”

The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but was dismissed on September 26, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2 evidence, Eul 1, 2, 5, 6, 14, and 15, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff needs to receive a serious pain due to the disease of this case caused by the disaster of this case, and the preservation of the plaintiff's claim is required. The defendant's disposition of this case, which is different from this premise, should be revoked illegally.

B. Article 5 subparag. 4 of the Industrial Accident Compensation Insurance Act provides that the meaning of cure shall be “the injury or disease shall be completely cured.”