logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.01.13 2016구단8030
진료계획 불승인 처분 취소
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. The Plaintiff, while performing the duties of web development, server management, etc. in Company B, was recognized as an occupational disease by the Defendant with respect to “the instant injury and disease” that occurred on January 6, 2015 (hereinafter “the instant injury and disease”), and received medical treatment after obtaining approval of a medical treatment plan on a total of four occasions according to the doctor’s opinion that the instant injury and disease need to be sustained by the Defendant until January 12, 2016, including physical treatment, pharmacologic treatment, and transitional observation.

B. On March 28, 2016, the Plaintiff again submitted a five-year medical treatment plan to the Defendant in accordance with the doctor’s view that “the Defendant is in need of preservation, such as physical therapy and pharmacologic treatment,” and on March 30, 2016, the Defendant rendered the instant disposition non-approval of the Plaintiff’s medical treatment plan on the ground that, at the time of deliberation of the previous medical treatment plan regarding the instant injury and disease, the Plaintiff had a common opinion with the Defendant’s advisory opinion that the treatment would be terminated after the medical treatment until January 12, 2016, and that there was no additional special opinion at the time of deliberation.

[Reasons for Recognition] Entry No. 5 Eul and the purport of the whole pleading

2. Whether the disposition is lawful;

A. Although the Plaintiff’s assertion that the status of injury and disease has not been improved due to the existing ion therapy, electricity treatment, etc., which is subject to medical insurance, the Plaintiff’s claim has improved due to physical shock surgery and rash therapy, which is a new treatment technology, and might be improved in the future. The Plaintiff’s doctor also expressed that the Plaintiff’s treatment plan needs to be preserved through physical therapy and medication, but the disposition of this case, which was non-approval of the Plaintiff’s treatment plan, is unreasonable.

B. Article 5 subparag. 4 of the Industrial Accident Compensation Insurance Act provides that "cure" means completely recovering from an injury or disease, or resulting in a fixed state in which treatment of an injury or disease is no longer expected, and the symptoms thereof are fixed.

arrow