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(영문) 울산지방법원 2018.11.01 2017구합7096

요양불승인처분취소

Text

1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on August 9, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On October 20, 2003, the Plaintiff joined B Co., Ltd. and carried out tling operations under the control of the group production division, and retired on February 28, 2017.

B. On March 23, 2017, the Plaintiff visited a medical institution, and was diagnosed as “the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening of the opening, the left-hand shoulder,” and on April 24, 2017, applied for the first medical care benefit to the Defendant. However, on August 9, 2017, the Defendant issued the instant disposition that rejected the Plaintiff’s application on the ground that there was no proximate causal relation between the Plaintiff’s duties and the instant injury and disease.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, 9, 10 evidence, Eul's 2 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion occurred due to repeated performance of the Plaintiff’s work that imposes a burden on the shoulder for a long time, and thus there is a proximate causal relation between the Plaintiff’s work and the instant injury and disease. Thus, the instant disposition taken on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Fact-finding 1) The plaintiff's labor relations and duties, etc.: 168 cm in height, 60 cm in body, male, 59 years old (based on the diagnosis date of the injury and disease in this case): Type B of business: Other metal product manufacturing business or metal processing business (based on the diagnosis date of the injury and disease in this case): Regular workers in the form of work, weekly and night fixed work: 08:00 to 20: Night work: At night work: 20:00 to 08: 00 : At night work from the whole process of work, the heat processing shock of raw materials and raw materials ("non-main inspection and packaging inspection" means the work of making metal materials into a certain mechanical form by making them two or pressure, and "gling work" means the work of making them into a certain shape by manufacturing or processing them.