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(영문) 서울행정법원 2018.06.20 2015구단58792 (1)

요양불승인처분취소

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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. Around August 2014, the Plaintiff worked as an employee of D Co., Ltd. (hereinafter “business owner”) at the site of the relocation work in Pyeongtaek-si B (hereinafter “instant construction work”).

B. The Plaintiff’s conical signboards between the 5th and the 1000s were not escapeed on February 2014, but escapeed on August 25, 2014.

(hereinafter, as seen above, the escape status of the Plaintiff’s inferred signboard is “the escape certificate of this case”).

On August 27, 2014, the Plaintiff, who was admitted to the F Hospital located in Pyeongtaek-si E, was performed on September 1, 2014. On October 21, 2014, the Plaintiff filed an application for medical care benefits with the Defendant that the instant estimated signboard escape certificate constitutes occupational accidents.

On November 11, 2014, the Defendant rendered a decision not to approve the medical care on the ground that the proximate causal relation with the business of the escape certificate of this case cannot be recognized.

(hereinafter “instant disposition”) e.

The Plaintiff filed a request for examination against the Defendant on January 19, 2015, but the request for examination was dismissed on January 19, 2015, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination again, but the request for reexamination was also dismissed on June 3, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 6; each fact-finding reply to the F Hospital Head of this Court and the President of G G G G G G G G G G prison; the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of the escape from a signboard of this case is an occupational accident where: (a) the shock that the Plaintiff was faced with “accident” at the construction site of this case on August 20, 2014; and (b) pressure, which the Plaintiff used and moved with heavy construction equipment during the construction process, constitutes a multiple occupational accident.

In contrast, the instant disposition is unlawful.

B. The Plaintiff’s assertion is based on the occurrence of the forward signboard escape certificate of this case.