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(영문) 창원지방법원 2018.09.19 2017구단146
요양불승인처분취소
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 December 6, 2014, the Plaintiff submitted a medical treatment plan to the Defendant on September 21, 2016, on the grounds that “The Plaintiff was receiving medical care of the injury of the thrings, both grandchildren and grandchildren on the thrings of the lower bridge, the reflection and strings on both sides, and the strings of the strings and the strings of both sides, the strings of the strings, the base base of the stale, the stale of the stale, the stale of the stale, the stale of the stale of the stale, the stale of the stale, the stale of the stale, the stale of the stale, the stale of the stale, the stale of the stale, the stale of the 2016.”

B. On October 12, 2016, the Defendant rendered a non-approval disposition of the medical plan (hereinafter “instant disposition”) to the Plaintiff on the ground that “the certificate was fixed prior to the application for the above medical plan.”

C. On December 25, 2016, the Plaintiff filed a petition for review with the Industrial Accident Compensation Insurance Review Committee, which was dissatisfied with this request, but a ruling dismissing the Plaintiff’s claim was rendered on February 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, 9, Eul evidence Nos. 4 and 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion presented that, after the occupational accident, the Plaintiff lost her sense of view and her sense of view after the occupational accident, the Plaintiff was more difficult, and that he was rash and bruted due to her concern about the front day, and that the doctor needs a long-term mental treatment. As such, the Defendant should approve the medical treatment plan.

Therefore, the instant disposition taken on a different premise is unlawful.

B. (1) Article 5 subparag. 4 of the Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017; hereinafter the same) provides that the meaning of healing, “the injury or disease is completely cured or the effect of treatment is added.”

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