재요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is driving a shuttle bus from a specialized driving school on December 1, 2006.
On April 30, 2012, a traffic accident (hereinafter referred to as the "traffic accident in this case") suffered from a wound, such as brain-dead or cerebral damage, and received medical care until April 30, 2012 with the Defendant's approval.
B. On May 16, 2017, the Plaintiff filed an application for re-treatment with the Defendant on the ground that it is more necessary to perform medical treatment with respect to recognition disorders caused by brain damage caused by the instant traffic accident, but the Defendant did not observe the Plaintiff’s opinion of brain damage caused by his/her own images at the time of the completion of medical treatment, and it is difficult to deem that recognition functions, etc. have deteriorated than the time of the completion of medical treatment. As such, on May 26, 2017, the Plaintiff issued an additional medical care non-approval disposition against the Plaintiff (hereinafter “instant disposition”).
【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was undergoing mental treatment until now after having suffered the instant traffic accident, and the symptoms have deteriorated for the last one to two years and requires hospitalized treatment, etc.
Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.
B. Article 51(1) of the Industrial Accident Compensation Insurance Act provides that “If there is a medical opinion that a person who received medical care benefits under Article 40 suffers from a recurrence of an occupational injury or disease, which was the subject of the medical care after the cure or becomes worse than the time of the cure, active treatment of such occupational injury or disease is needed, he/she may receive medical care benefits under Article 40 again (hereinafter “re-treatment”). According to the delegation of Article 48(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act that provides for the requirements for re-treatment, the following requirements shall be satisfied for re-treatment: