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(영문) 서울행정법원 2016.05.20 2015구단2959
진료계획불승인처분취소
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 August 8, 2014, while working as a staff member of Han-il General Construction Co., Ltd., the Plaintiff suffered from the accident that the right hand hand on the part of the construction site at the pipe on August 8, 2014, and suffered from the structural frame near the right 2 balance and the right 3 balance.

(hereinafter referred to as the “instant accident,” and each of the above injury and disease collectively referred to as the “instant injury and disease”). B.

On September 3, 2014, the Plaintiff obtained approval for the extension of the period of medical care three times from the Defendant as the instant injury and disease, and obtained approval for the extension of the period of medical care.

(hereinafter referred to as “the date of termination of medical care”) February 12, 2015, the expiration date of the last approved medical care period.

On February 5, 2015, the Plaintiff filed an application with the Defendant for the extension of the period of medical care for the instant injury and disease by March 17, 2012, and submitted a written medical treatment plan for the preparation of B Hospital (hereinafter “instant medical treatment plan”).

However, on February 9, 2015, the Defendant deemed that the symptoms caused by the instant injury have been fixed, and decided not to approve the pertinent medical treatment plan.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s No. 2, 3, 4, each entry of Gap’s No. 1 through 6, Gap’s evidence No. 6-1 through 6, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s assertion that the symptoms caused by the instant injury and disease have not yet been fixed and the need to receive treatment still exists, the instant disposition is unlawful.

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

C. 1) Medical care benefits under the Industrial Accident Compensation Insurance Act are paid to an employee for the purpose of treating an injury or disease caused by an occupational reason (Article 40(1)). Here, the term “cure” refers to the completion of the treatment of an injury or disease, or the effect of treatment is no longer expected and the symptoms thereof are fixed (Article 5 subparag. 4).

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