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(영문) 서울행정법원 2015.09.23 2015구단50675
요양종결처분취소
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 May 19, 2009, while the Plaintiff was employed as a bus driver as a member of the B Co., Ltd. on July 1, 2004, the Plaintiff was under a traffic accident that conflicts with a passenger car in which the bus was operated at the intersection in front of Mapo-gu Seoul Mapo-dong, Mapo-gu, Seoul, and was under medical care upon obtaining medical care approval from the Defendant for the above occupational accident “a large joint certificate and a conical signboard escape certificate No. 5-6 (hereinafter “the instant injury”).

B. On December 26, 2014, the Plaintiff submitted a medical opinion from December 21, 2014 to February 28, 2015, which included a medical treatment period needed due to the aggravation of the symptoms of the instant injury and disease, to the Defendant. However, the Defendant’s medical opinion on December 31, 2014, “it is reasonable to recognize the period of medical treatment from December 21, 2014 to January 3, 2015, but to terminate the period of medical treatment by increasing the period of medical treatment” in accordance with the Plaintiff’s medical treatment plan’s review result, etc., based on the Plaintiff’s medical advisory society’s medical treatment period from December 21, 2014 to January 3, 2015.

[The facts without dispute over the basis for recognition, the entries in Gap evidence 1 to 5, and the purport of the whole pleadings.]

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s assertion is continuing to aggravation of symptoms, such as safafaf, caused by the instant injury, the Plaintiff needs to continue hospitalization and outpatient treatment even after the date of termination of the medical care prescribed in the instant disposition.

Nevertheless, it is unlawful for the Defendant to take the instant disposition to the effect that the medical care for the injury and disease of this case is terminated on a different premise.

B. According to Article 5 Subparag. 4 and Article 47(1) and (2) of the Industrial Accident Compensation Insurance Act and Article 41(2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, the term “cure” means that an injury or disease is completely cured or the effect of treatment is no longer expected and its symptoms are fixed.

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