요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. From December 17, 1970 to September 15, 1977, the Plaintiff served as an coal auxiliary for about 6 years and 9 months from the Korea Coal Corporation’s Circuit.
On September 30, 2013, the Plaintiff was diagnosed as a chronic closed disease (hereinafter “instant injury”), and applied for medical care benefits to the Defendant on December 2013.
On August 26, 2014, the Defendant rendered a decision not to approve the said application on the ground that there is no proximate causal relation between the business branch of the instant case and the Plaintiff.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 2, and 3, Eul’s evidence No. 1, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff alleged that the instant injury and disease occurred due to the exposure to coal dust and gas during the work of the chemical mining center, there is a proximate causal relation with the Plaintiff’s work.
The instant disposition taken on a different premise is unlawful.
B. In light of the following facts, it is insufficient to acknowledge that the instant injury or disease was caused by the instant work or aggravated beyond natural progress, solely based on the result of the request for the examination of medical records to Seoul Hospital at the Mancheon National University: (a) evidence to acknowledge otherwise exists.
Since there is no proximate causal relation between the business branch of this case and the business branch of this case, the disposition of this case based on the same premise is legitimate.
① Smoking is an important risk factor of the injury or disease of this case.
( Results of the above appraisal commission). The plaintiff has a history of smoking for about 58 years a day from 1955 to 2013.
(No. 5). (2) If the Plaintiff was exposed to a high concentration of coal or glass dust, the injury or disease of this case may have occurred (the result of the above appraisal commission). However, there is no evidence to deem that the Plaintiff was exposed to a dust of high concentration to the extent that the injury or disease of this case was caused during coal mine service.
Rather, the plaintiff's results of the precise diagnosis of each pneumoconiosis since 1997.