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(영문) 서울행정법원 2016.11.03 2016구단52180

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 October 29, 2014, the Plaintiff filed an application for medical care benefits with the Defendant, who had worked as a mining source in Gyeongdong-dong, Seoul Special Metropolitan City. After his retirement from the mining center, the Plaintiff complained of the symptoms where both descendants are low and colored. On October 29, 2014, the Plaintiff was diagnosed by Radon No. Radon Hospital, which was not accompanied by the Madonum, and applied for medical care benefits to the Defendant.

B. On March 10, 2015, the Defendant rendered a disposition not to grant medical treatment for occupational reasons on the ground that the Plaintiff’s performance of coal mine operations was less than the level of exposure to vibration as a security source, and that the symptoms and reduction diagnosis of urine diseases were unclear, and that the disease was caused after the lapse of the extended period after the retirement from the mining center, and that the disease was not recognized due to occupational reasons (the instant disposition was conducted below).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion was exposed to severe vibration during the process of using the vibration tools for about 35 years working in the mining center, and there was no theory in academic circles as to the fact that vibration work causes the injury and disease of this case, and the working environment in the cold and frozen and damp pit seems to have influenced the injury and disease of this case, and the plaintiff has already complained of symptoms with low knife and coloring before being diagnosed as the injury and disease of this case. Although the plaintiff was suffering from the disease of this case, it is deemed that the disease of this case was caused by long-term vibration, the disposition of this case is unlawful in light of the fact that the disease of this case had already been treated as the disease of this case before being diagnosed as the injury and disease of this case.

B. (1) The Plaintiff is recognized from February 1, 1974 to February 1, 2011.