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(영문) 부산지방법원 2017.09.20 2016구단21248

요양불승인처분취소

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 May 1, 2014, the Plaintiff, who is engaged in the consignment service of a motor vehicle under the jurisdiction of the Busan Busan Busan Branch, was a person who was driving on May 1, 201 to deliver a customer’s vehicle to the borrower residing in Seoul, resulting in an accident of drilling the rear of the bus prior to the bus platform in front of the bus terminal located in Gyeyangsan City (hereinafter “instant accident”).

B. On July 11, 2016, the Plaintiff was diagnosed by the “Gyeong Sim Gyeong-gu, Myeong-gu, accompanied by the Gmark’s salt and tension, and the Gmar-gu, Margu’s Margu’s Sargul disease (No. 4-5)” (hereinafter “instant injury”) and applied for medical care to the Defendant.

C. On September 20, 2016, the Defendant rendered the instant disposition that rejected the instant application on the ground that there is no proximate causal relation between the instant upper branch and the instant accident and the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Eul Nos. 1, 2, and 6 (if any, including a serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that there was an obstacle to light signboards accompanied by spine brate and nephal ppuri disease even before the instant accident, but the instant injury significantly aggravated due to the instant accident.

Therefore, since a proximate causal relationship is recognized between the instant accident and the instant accident, the Defendant’s disposition of this case, which was based on a different premise, is unlawful.

B. The “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an employee’s injury, disease, disability or death resulting from his/her occupational performance while performing his/her duties, and thus, there is a causal link between the occupational and the disaster.

In addition, the causal relationship is not necessarily required to prove clearly medical and natural science, but it is presumed that there is a proximate causal relationship between work and disease in consideration of all the circumstances, or normal work is in peace.