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(영문) 창원지방법원 2018.04.18 2017구단30
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 October 28, 201, the Plaintiff obtained medical care approval from the Defendant as to the injury and disease of “acheon and Malinal Salinal, Salinal Salinal, Salinal Salinal, Salinal, Salinical, Salinical, Salinical, and Salinical,” which was laid down to the complaint work force to repair the head of the household, and fall beyond work cost.

In addition, the Plaintiff re-re-treatmentd from February 17, 2013 to January 9, 2014 on the ground of “the removal of the bones and the mitigation surgery”.

B. On May 9, 2016, the Plaintiff filed an application for additional medical care with the Defendant on the ground that “the 3D bones type recovery surgery (hereinafter “instant surgery”) is necessary to recover drilling function and ability to work.” On June 2, 2016, the Defendant rendered a disposition of non-approval of additional medical care (hereinafter “instant disposition”) on the ground that “the Plaintiff cannot expect symptoms to be caused by the instant surgery as a result of the advisory society’s performance.”

C. The Plaintiff appealed and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but a ruling dismissing the Plaintiff’s request was rendered on December 2, 2016.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 (including each number), Eul evidence 1 and 2, the whole purport of the pleading

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is unlawful in the instant disposition rejecting the Plaintiff’s refusal, even though it was intended to recover the astronomical function and ability to work through the instant surgery, because of extreme pains caused by extreme disorder in the shape, transformation, and loss of the movement, and the Plaintiff’s ability to walk is difficult, and the driver’s ability to walk is serious.

(b) Entry in the attached Form of relevant statutes;

C. (1) Re-treatment under the Industrial Accident Compensation Insurance Act differs from the first medical care except that the injury or disease in question occurs after the completion of the medical care, or that the latter is provided due to the merger of the injury or disease in question.

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