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(영문) 서울행정법원 2015.11.20 2015구단6517
진료계획단축승인처분취소
Text

1. On January 22, 2015, the Defendant’s disposition of approval for reduction of a medical treatment plan against the Plaintiff shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 6, 2014, while working at the construction site of a new factory of Ansan-si, the Plaintiff was diagnosed as “the structural opening of the structural frame of the right side and the open upper part of the bridge below the right side” (hereinafter “the instant injury and disease”), and was provided medical care until January 31, 2015 with the Defendant’s approval of medical care.

B. On January 20, 2015, the Plaintiff submitted a medical treatment plan to the Defendant stating that “it is necessary to observe the progress from February 1, 2015 to April 30, 2015 as the result of delayed termination of the frame between the two sides” (hereinafter “instant medical treatment plan”) to the medical corporation.

C. Accordingly, on January 22, 2015, the Defendant rendered a disposition to grant the Plaintiff approval by shortening the period of the instant medical treatment plan to February 28, 2015, according to the result of deliberation by the Defendant’s advisory society, “within February 28, 2015, to undergo a re-operation within the period of incompetence.”

(hereinafter “instant disposition”) D.

The plaintiff filed a request for examination against this, but was dismissed on April 28, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Since the sum of the Plaintiff’s arguments is under way, the injury or disease of this case is under way, and thus, the need for re-operation is less and symptoms are fixed, the Defendant, despite the absence of re-operation, deemed the symptoms of the injury or disease of this case fixed, and issued the instant disposition that shortens the medical treatment plan on the ground that the Defendant did not perform re-operation. The instant disposition is unlawful.

B. According to Article 5 subparag. 4 of the Industrial Accident Compensation Insurance Act, healing refers to the cases where the injury or disease completely recovers or the treatment effect is no longer expected, and the symptoms thereof are fixed.

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