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(영문) 광주지방법원 2015.07.02 2014구단895

재요양불승인처분취소

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. On June 27, 2007, while performing the duties of managing funds, human resources, equipment, etc. at a construction site, the Plaintiff was diagnosed as “an anti-competitive disorder” on August 6, 2007. On February 26, 2010, the Plaintiff provided medical care until June 30, 2010 after obtaining approval for occupational accidents, and thereafter, the disability grade No. 14 subparag. 10 (the part of the State) was determined to be the person who remains a neological disorder.

B. On November 12, 2013, the Plaintiff, at the Jeonnam University Hospital, was aware of the need for hospitalized treatment for the adjustment of symptoms with respect to the depression, apprehension, early distress, and the dependence on substances with physical disability at the Jeonnam University Hospital, applied for medical care benefits to the Defendant on November 15, 2013.

C. Accordingly, on January 13, 2014, according to the Plaintiff’s medical opinion and the result of the Defendant’s advisory society’s review, the Defendant rendered a disposition of non-approval of the Plaintiff’s additional medical care (hereinafter “instant disposition”) according to the medical opinion that “The physical symptoms of the Plaintiff complained of is highly likely to have an additional mental disease that is less relevant to industrial accident.”

Although the plaintiff appealed against this and filed a request for reexamination, the Industrial Accident Compensation Insurance Reexamination Committee decided August 14, 2014 that the request for reexamination is dismissed.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 7 evidence, Eul 1 through 5, and 7 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff’s depression, water surface disorder, extreme anxiety, verbal speech disorder, and symptoms of magnnam calendar disorder do not constitute a mental medication where egrative disorder or egrative disorder becomes worse than the time, and thus, it is necessary to provide active professional treatment and treatment by hospitalized in a mental department. Thus, the Defendant’s disposition against the Plaintiff is unlawful.

B. (i) a statement of opinion on the application for additional medical care, as of November 12, 2013.