병행진료불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On February 29, 2012, the Plaintiff was employed as an employee belonging to Heavy Construction Co., Ltd., and filed an application for concurrent medical treatment on the ground that: (a) the Plaintiff suffered injury, such as satisfying satch satch satch fever, brain satisfy, and satisfy salt (hereinafter “the instant accident”); (b) the Plaintiff obtained medical care approval from the Defendant for the instant injury; (b) while receiving medical care approval from the Defendant for the instant injury; and (c) on September 20, 2016, the Plaintiff filed an application for concurrent medical treatment on the grounds that the medical treatment from the mental health department (from October 1, 2016 to January 7, 2017) is necessary.
“The instant measure taken on November 9, 2016, which, according to the advisory doctor’s opinions, rejected the application for parallel treatment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, 5 and 7, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful in the instant disposition based on the premise that the symptoms of the above injury have been fixed, despite the fact that the symptoms may be recovered according to the treatment progress and actual support of the injury from external stress disorder caused by the instant accident, according to the Cental Health Doctor’s doctor’s opinion, although the symptoms of the injury have been extremely treated.
B. 1) Article 5 subparag. 4 of the Industrial Accident Compensation Insurance Act provides that "the term "the term "the term "the term "the term "the term" means the term "the full recovery of an injury or disease or the effect of treatment is no longer expected and the symptoms thereof are fixed." In full view of the provisions of Articles 40, 51, 57, and 77 of the Industrial Accident Compensation Insurance Act including the above provisions, and their legislative purport, such as preventive management, etc., the term is not a treatment to defend the injury or disease of a worker under medical care, but a fixed symptoms, such as those to defend the injury or disease.