logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.06.26 2012구단2613
진료계획서불승인처분
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 March 12, 2010, the Plaintiff submitted a plan for medical treatment to the Defendant on December 23, 2011, for the purpose of treating and treating the instant injury, 12 weeks (from January 1, 2012 to March 17, 2012) for the purpose of extending the period of medical care as the medical care as “the pelle to the right-side stroke, the right-side stroke, the strokeed salt, the strokeed salt, and the strokeing stroke in credit (hereinafter “instant injury”).

B. On December 30, 2011, the Defendant rendered a non-approval disposition of the medical plan (hereinafter “instant disposition”) against the Plaintiff according to the result of the deliberation by the advisory society that “after the treatment until December 31, 2011,” as “after the treatment,” as a result of the deliberation by the advisory society.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 27, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Despite the fact that the Plaintiff’s assertion is in a very severe and continuous state of pain to the instant injury and disease, it is unlawful for the Defendant to determine that the symptoms are fixed after the treatment of the instant injury and to approve the medical plan for the Plaintiff, and thus, the instant disposition should be revoked.

B. (1) Article 5 subparag. 4 of the Industrial Accident Compensation Insurance Act provides that “the term “the recovery” refers to the completion of an injury or disease, or the effect of treatment cannot be expected any longer, and the symptoms thereof are fixed.” Article 47 of the same Act and Article 41 of the Enforcement Decree of the same Act provide that where an industrial accident insurance-related medical institution submits a medical treatment plan that needs an extension of the period of treatment, the Defendant may take necessary measures, such as ordering the completion of the treatment or the reduction of the scheduled period of treatment

On the other hand, Article 51 of the Industrial Accident Compensation Insurance Act is an occupational injury where a person who received medical care benefits was subject to medical care after medical treatment.

arrow