상병일부불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On August 24, 2015, the Plaintiff was diagnosed as “Sacheon-gu Sacheon-gu Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s Sacheon-gu’s 48 (hereinafter “instant construction site”). On the same day,
B. On September 9, 2015, the Plaintiff filed an application for medical care benefits with the Defendant, asserting that the Plaintiff was suffering from a disaster, such as “Macheon-do salt and tension in the Hacheon River,” and “a galphical and other obstacles accompanied by the nephical ppuri disease,” while working at the instant construction site. However, on October 30, 2015, the Defendant notified the Defendant of the decision that the relevant application for medical care benefits cannot be recognized as an occupational accident on the ground that it cannot be deemed that the instant application for medical care benefits was caused by an occupational accident.
(hereinafter referred to as “instant injury,” and the Non-approval Decision on the Injury, etc. of the instant injury, which is accompanied by the nephism certificate, (hereinafter referred to as the “instant disposition”). (C)
The plaintiff, who is dissatisfied with the disposition of this case, filed a request for examination and a request for reexamination, but all dismissed.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 5, 9, 10, Eul's 1 and 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion clearly sustained the injury and disease of this case while working at the construction site of this case.
Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.
B. The “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee’s occupational failure while performing his/her duties, and thus, there is a proximate causal relation between the occupational accident and the accident.