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(영문) 서울행정법원 2020.10.28 2019구단63730

요양급여부지급처분취소

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1. On May 24, 2019, the Defendant’s disposition of the medical care benefit site wage against the Plaintiff on May 24, 2019, i.e., the title on the left side, and the left side.

Reasons

1. Details of the disposition;

A. On May 4, 2012, the Plaintiff joined the Ulsan Factory Co., Ltd. (hereinafter “instant workplace”) and worked at the original production team used as reinforcement materials in the instant workplace, which was diagnosed on December 23, 2017, the Plaintiff applied for medical care benefits for the instant injury and disease to the Defendant on February 9, 2018.

B. However, on June 22, 2018, the Defendant: (a) expressed some of the members of the Plaintiff on June 22, 2018, stating that “In the instant injury disease, the left-hand sculposis and the left-hand sculpitis in the form of injury.” However, it is difficult to determine that the Plaintiff’s work of failing to exhaust weight at the time of truck transport among the Plaintiff’s work contents may have a burden on an outbreak; (b) however, it is difficult to determine that the frequency is less than the frequency and that the instant injury caused the instant injury. Of the instant injury’s disease, the right-hand sculption in the instant injury does not clearly recognize the disease’s state; and (c) although there was some of the members’ opinions that the Plaintiff had a burden on the outbreak of weight, it is deemed that the Plaintiff’s work was related to the Plaintiff’s work for a short period of five years and that there is no proximate causal relation with the instant injury’s work.”

On July 25, 2018, the Plaintiff was dissatisfied with the initial disposition and filed a request for reexamination, but was dismissed on November 7, 2018.

C. On April 29, 2019, the Plaintiff again filed an application for medical care benefits for the instant injury and disease with the Defendant, and on May 24, 2019, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) for the same reason as the initial disposition.

The Plaintiff is dissatisfied with the instant disposition on July 2, 2019 and filed the instant lawsuit.