logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.03.24 2015구단748
전원요양불승인 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

가. 현대삼호중공업 주식회사 소속 근로자인 원고는 2015. 4. 16. “2014. 8. 29. 10:10경 삐끗한 후 안 좋은 상태로 일하다가 2015. 2. 26. 16:30경에 자동용접 M/C 모서리에 머리를 부딪쳐 경추부염좌 재해를 입었다”며 요양승인 신청을 하였다.

On July 18, 2015, the defendant recognized the "Meatitis" as an injury or disease and decided to approve the medical care for the treatment period until April 13, 2015.

B. On July 27, 2015, the Plaintiff filed an application for medical treatment of electric power resource with the Defendant, alleging that additional treatment is necessary due to climatic pains and radioactive rays caused by “a light signboard disability accompanied by nephical ppuri disease” along with the above upper branch.

C. On August 17, 2015, the Defendant recognized that the sufficient treatment period for the satison salt was “not later than April 13, 2015” and denied an application for medical treatment for electric power resource on the ground that there is no ground for electric power resource (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Gap evidence 5, Eul evidence 1-1 and Eul evidence 1-2, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The period for which the Plaintiff’s assertion was given medical treatment due to catitis, etc., from March 9, 2015 to July 27, 2015.

In addition, according to the relevant laws and regulations, the industrial accident should be determined within seven days after receipt of the application for industrial accident.

However, the Defendant approved the medical care only for the treatment period exceeding seven days after receiving the application from April 16, 2015. Accordingly, the Plaintiff did not receive medical care expenses and temporary layoff benefits during the treatment period which was not approved.

This was caused by the Defendant’s delay in performing his duties in violation of the relevant laws and regulations, and the Plaintiff was bound to receive treatment at another hospital due to the delay in industrial accident management. Therefore, the instant disposition is unlawful.

(b) The attached Form of relevant statutes is as follows.

C. First of all, the delay in the handling of the application for medical care is an unlawful ground for the instant disposition.

arrow