beta
(영문) 의정부지방법원 2019.10.17 2017구합13351

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 December 1, 2006, the Plaintiff entered the workplace B (hereinafter “instant place of business”) and was in charge of the manufacture of the raw materials, and had engaged in the manufacturing of the raw materials necessary for the manufacture of the raw materials. The Plaintiff has been in charge of the manufacturing of the raw materials.

On November 28, 2016, the Plaintiff was diagnosed as having lost his own mind while working at the factory of the instant plant located in Sacheon-si, Sacheon-si, and transferred to D Hospital. “Bgadrome, low oxygen cerebral brain damage, cerebral cerebriformiform encephalopathy, acute stop, heart stop, and Dong (hereinafter “the instant injury”).

B. On February 10, 2017, the Plaintiff filed an application for the approval of medical care benefits with the Defendant as the injury or disease.

However, on June 28, 2017, the Defendant rendered a decision not to approve the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) on the basis of the result of the judgment of the Seoul Decision of the Determination Committee on the Determination of the Occupational Disease in Seoul, stating that “The instant injury and disease was caused by the sudden change of working environment, and the increase in work volume, and is the disease that was caused by the genetic factor, and the remainder of the injury and disease is difficult to be recognized as a proximate causal relation with the work of the instant injury and disease.”

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff worked in the instant workplace from December 1, 2006 to November 28, 2016. The instant workplace is a company that manufactures the original body upon delivery of the original body, and the Plaintiff has worked for approximately 100 km per day as the company that manufactures the original body.

As a result, the plaintiff suffered from the 4-5 poppy escape certificate, and in order to treat it, L-PEN procedure at the E hospital (h-EEN Malaysia).