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(영문) 서울행정법원 2015.09.25 2014구단9137
진료계획변경처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 30, 2012, around 09:30 on May 30, 2012, the Plaintiff received medical treatment by obtaining medical treatment approval from the Defendant after being subject to external stress, etc., due to the shock of trees that exceeded the excavated season during the course of extracting pine trees at the construction site of individual single-use housing sites outside Ycheon-si B and two parcels of land.

On February 18, 2014, the Plaintiff’s main doctor of the Korea National University (AC) submitted to the Defendant a medical treatment plan to extend the period of medical care by August 31, 2014, on the ground that “The Plaintiff maintained the medication by outpatients from June 2012, and received five hospitalized treatments, but the Plaintiff requires specialized mental and medical treatment for the next six months or more due to repeated nursing and aggravation in both sides, influence, memory, and depression of depressions.”

On April 4, 2014, the Defendant approved the Plaintiff to receive medical care until June 30, 2014, and subsequently decided to approve the modification of the content of the treatment to be terminated by fixing the premium rate.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 1, 2, Eul’s evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant disposition is unlawful, inasmuch as the symptoms of the Plaintiff’s cerebrovascular and stress disorder were not fixed.

B. (1) The Plaintiff’s assertion on this part is without merit, and without merit. Article 47 of the Industrial Accident Compensation Insurance Act (hereinafter “Act”) and Article 41 of the Enforcement Decree of the Act provide that the Defendant may take necessary measures, such as ordering the completion of treatment or the reduction of the scheduled period of treatment, by examining whether the treatment plan submitted by an industrial accident insurance-related medical institution is appropriate.

Article 5 (4) of the Act means a state in which 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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