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(영문) 서울행정법원 2015.12.04 2015구단51968
진료계획 불승인처분 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. On November 26, 1986, while serving as an employee in the Bupyeong Factory Korea M&M, the Plaintiff was killed and transported parts stuffed (12 kgg per 12kg) in the said factory on his/her hand, around November 23, 2011, and was faced with parts stuffed on the wind that the part stuffs fall off in the hands string, and was caused by an accident where the part stuffed on the wind at the hand string, and on January 9, 2012, the Plaintiff received the first medical care approval as an injury and disease of the “on the left side string salt” (hereinafter “first approved injury and disease”), and thereafter received the medical care approval as of April 28, 2012 (hereinafter “the first approved injury and disease”). On May 8, 2014, the Plaintiff obtained the additional approval for the part string and the additional part knicking base (hereinafter “the first approved injury and disease”).

B. On June 20, 2014, the Plaintiff submitted a medical treatment plan to the Defendant on the ground of the doctor’s opinion that “the instant medical treatment is under physical treatment and requires continuous observation due to the lack of pain control” (the day: 89 days from March 13, 2014 to June 9, 2014). However, on July 3, 2014, the Defendant did not approve the said medical treatment plan on the ground that “the treatment for the instant injury and disease is not significantly different from the treatment for the first injury and disease, and it is reasonable to complete the medical treatment by April 28, 2012.”

(hereinafter “instant disposition”). C.

The plaintiff filed a request for examination to the defendant, but was dismissed on December 5, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the medical treatment was approved from November 23, 201 to April 28, 201, and continued to provide pains as the instant injury and disease even after April 28, 2012, and thus, the instant disposition based on a different premise is unlawful.

나. 의학적 소견 ⑴ 원고 주치의 소견 ㈎ 서울특별시보라매병원 2014. 4. 14.자 진료계획서 - 통증 조절이 되지 않아 물리치료 중이며 지속적인 관찰이 요망된다.

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