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(영문) 부산고등법원(창원) 2015.12.16 2014누11406

재요양불승인처분취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On November 12, 201, when the Plaintiff worked as cleaning services in B, the Plaintiff received medical care by September 27, 2012 due to an occupational accident involving the left knee on the concrete floor (hereinafter “the instant accident”) due to the lack of the right bridge at the port of the ship while working as cleaning services in the water purification plant. The Plaintiff received medical care by September 27, 2012 as “the instant injury.”

B. On March 13, 2013, the Plaintiff filed an application for additional medical care with the Defendant on the ground that active medical care is necessary because there is a possibility that the same father might recomponate after the completion of the medical care for the instant injury and disease.

On April 18, 2013, the Defendant: (a) did not confirm the Plaintiff’s opinion of re-ion; (b) did not coincide with the Plaintiff’s pain and injury to the instant injury and disease; and (c) did not require the active treatment of the instant injury and disease; and (d) issued a disposition of non-approval of the medical care (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the request for examination to the Defendant, but was dismissed on June 11, 2013, and the Industrial Accident Compensation Insurance Review Committee made a request for reexamination, but was dismissed on July 25, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. At the time of the completion of the Plaintiff’s assertion, it is very unfair from the Defendant’s disposition that closed the treatment, even if it was a situation requiring treatment at the time, since the Plaintiff’s assertion was confirmed to have a half of the left-hand slot, and the symptoms of the Plaintiff’s appeal are also the typical symptoms of the anti-monthly depression, and at the time of the completion of the medical treatment.