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(영문) 부산지방법원 2018.02.21 2017구단576
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 September 12, 2015, the Plaintiff obtained the approval of industrial accident medical care for 'the instant approved injury’ (hereinafter referred to as “instant approved injury”). On December 4, 2015, the Plaintiff received an integrative surgery in the left-hand public notice box (hereinafter referred to as “the instant surgery”) and completed the medical treatment on January 28, 2017.

B. On May 19, 2017, the Plaintiff filed an application for additional medical care for the Defendant on the ground that re-delivery of the left-hand public notice pipe is necessary.

C. On July 5, 2017, the Defendant rendered a decision not to approve the Plaintiff’s above application (hereinafter “instant disposition”) in accordance with the Plaintiff’s opinion of the advisory society that “No special opinion exists in the dynamic examination, and no opinion of aggravation is recognized in view of the radioactive opinion.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is limited to the Plaintiff’s continuous pain, salute, and salute movement after the instant operation, and the completion and rupture of the left-hand public notice pipe’s part are confirmed, and requires additional medical care for re-rupture re-routing the left-hand public notice pipe

Therefore, the instant disposition, which had different premise, is unlawful.

B. According to the Industrial Accident Compensation Insurance Act, the first medical care and its nature are the same, except that the first medical care is conducted after the first medical care is completed, except that the first medical care is conducted after the first medical care is completed.

Therefore, in order to be subject to additional medical care, there is a proximate causal relation between the medical branch that applied for additional medical care in addition to the requirements of medical care, and the payment of disability benefits is recognized when the treatment of the first injury or disease is completed or when disability benefits is paid.

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