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(영문) 서울행정법원 2016.08.11 2016구단55622
간병급여부지급처분취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On January 15, 2014, the Plaintiff sustained an injury from the occupational accident that was driven by electricity from the Korea Electric Power Corporation, a limited liability company’s members of the electric power company, and caused the injury of “the instant injury” to the following: (a) both 3 degrees 10% 3-4 degrees divers of video, both sides 10% 3-4 degrees 10%; (b) both sides of 3 degrees galle, the right maloneitis; (c) the post-distance stress symptoms; and (d) both sides of the lower part of both sides of the plan (hereinafter collectively referred to as “the instant injury”).

During the period from January 15, 2014 to April 30, 2015, the Plaintiff received medical care for the instant injury and disease, such as cutting down the parts under the elbow joints of both arms, etc., and the Defendant paid the Plaintiff nursing fees of classes 2 and 3 pursuant to Article 11 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) during the said period of medical care.

The Plaintiff received a disability pension according to the above disability grade starting from May 1, 2015 after receiving the disability grade under class 2 subparagraph 3, falling under “a person who has lost two or more arms,” as to the loss in the sale’s disability from the Defendant.

In addition, the Plaintiff receives and uses the "passing consent number" from the Defendant as it is recognized that the need for rehabilitation aids due to the completion of both sides is recognized.

On June 3, 2015, the Plaintiff filed a claim for nursing benefits to the Defendant on the ground that it is difficult to lead a daily life without nursing care even after the completion of the medical care.

On June 10, 2015, the Defendant rendered a disposition to pay nursing benefits to the Plaintiff on the ground that the Plaintiff’s disability after treating is not eligible for the payment of occasional or regular nursing benefits under Article 59 of the Enforcement Decree of the Industrial Accident Insurance Act.

On March 11, 2016, the Plaintiff again filed a claim for nursing benefits with the Defendant. On March 18, 2016, the Defendant rendered a disposition to pay nursing benefits to the Plaintiff for the same reason as the pre-paid site pay (hereinafter “instant disposition”).

【Ground for recognition” has no dispute, A. 1.

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