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(영문) 인천지방법원 2016.10.11 2015구단1080
요양연기불승인처분취소
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 June 17, 2014, the Plaintiff, as a worker B’s employee, was treated with the approval of the medical care for hospitalization from the Defendant by December 24, 2014, on the following grounds: “In the instant accident, the Plaintiff was placed on the cargo board and then fell below the cargo space (hereinafter “the instant accident”), and was treated with the approval of the medical care for hospitalization by December 24, 2014.”

B. On December 9, 2014, the Plaintiff submitted to the Defendant a medical treatment plan to the effect that hospitalization is necessary from December 25, 2014 to March 18, 2015, when the Plaintiff was under medical care.

C. On December 16, 2014, the Defendant rendered a disposition to approve the change of the medical plan to medical care from December 25, 2014 to March 18, 2015 (hereinafter “instant disposition”) on the ground that the medical care was reasonable as a condition of enabling the Plaintiff to independently perform the medical care.

The plaintiff appealed against this and filed a request for examination and a request for reexamination, but all of them were dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff received hospitalized treatment until April 30, 2015, according to the doctor’s opinion that it is necessary to provide hospital treatment because it was difficult to remove because of the fact that he/she concurrently controlled the progress of drug ingredients due to the instant injury and disease, etc. The instant disposition that was modified to the hospital care by December 25, 2014 or March 18, 2015, according to the opinion of the society of advisory opinions on the Defendant’s side, was unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. (1) Medical view (1) Plaintiff’s doctor’s opinion on December 9, 2014, C Hospital, Medical Plan - Medical Care Plan - Medical Care Center - Hospital - Hospital - on December 17, 2014, which is under rehabilitation treatment, such as physical treatment, work treatment, etc., by being hospitalized in the principal hospital due to cerebral cerebrovascular and dysium pain.

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