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(영문) 의정부지방법원 2019.02.14 2018구합11994
최초요양상병일부불승인처분취소
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, as an employee of B (ju), has been engaged in the work of mining wooden wooden works, etc. at the construction site. On December 22, 2016, the Plaintiff suffered an accident falling at a height of 1m in the process of closing the windows of concrete inputs.

B. On January 19, 2017, the Plaintiff asserted that, due to the foregoing accident, the Plaintiff suffered from the “reclusion of the upper half of the margin in the margin in the margin of the opposite side, the right-hand salone, the loss of the pelle, and the right-hand salone,” and filed an application for medical care benefits with the Defendant as the applicant’s disease, and the Defendant approved medical care benefits only for the “the first half of the margin in the margin of the opposite side” (hereinafter “the instant injury”).

C. After that, the Plaintiff received an extension of the period of medical care until November 29, 2017 after obtaining approval of the medical treatment plan from the Defendant several times. On November 23, 2017, the Plaintiff again submitted a medical treatment plan to the Defendant that “it is necessary to provide medical care from November 30, 2017 to December 28, 2017,” but the Defendant issued a non-approval of the medical treatment plan to the Plaintiff on November 24, 2017 on the ground that “the non-approval of the medical treatment plan is appropriate because there is no outcome of aggravation of the symptoms,” following deliberation by the panel of advisory doctors, etc.

hereinafter referred to as "disposition of this case"

(ii) [Ground of recognition] unsatisfy, Gap evidence 1, 3, Eul evidence 1 to 3 (if any) and the purport of the whole pleadings;

2. Whether the instant disposition is lawful

A. Although it is necessary to continue to provide medical treatment due to the Plaintiff’s assertion of this case’s injury and disease, the instant disposition on different premise should be revoked as it is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Article 5 subparag. 4 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) means that the injury or disease completely recovers or the treatment effect is no longer expected, and the symptoms thereof are fixed.

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