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(영문) 서울행정법원 2015.03.27 2013구단22706

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 July 30, 201, the Plaintiff was diagnosed on July 30, 201, as a person who entered “B” (hereinafter “Nonindicted Company”) and was engaged in the business of pressing, etc., and was diagnosed as “satisfing back to the fore part of the back part of the back part of the back part of the back part of the back part of the back part of the back part of the back part of the back part of the back part of the back part of the back part of the materials.”

B. On August 1, 2013, the Plaintiff filed an application for medical care benefits with the Defendant. However, on September 12, 2013, the Defendant rendered the instant disposition that rejected the Plaintiff’s medical care on the ground that it is difficult to recognize a proximate causal relation with the work of the instant shopping branch on the grounds that the period of work is shorter and the work is not recognized as a pro rata.

[Ground of recognition] The descriptions of Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 and 3 (including paper numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On November 28, 201, the Plaintiff asserted that the Plaintiff provided treatment, such as sicking a fluence on the shoulder while transporting raw and secondary materials, but the pain was more serious. As a result of visiting the hospital, the Plaintiff was diagnosed as the instant injury and disease, and the instant injury and disease was caused by his duty or aggravated beyond the natural progress.

Therefore, the disposition of this case which did not recognize a proximate causal relation with the business of the trade branch of this case is unlawful.

B. (1) The Plaintiff’s career and work experience (A) entered the Republic of Korea around September 28, 2008 as a person of Chinese nationality, and the Nonparty Company was employed on July 30, 201 and worked for four months until the date of occurrence.

(B) Before working in the non-party company, the non-party company engaged in ice-related work in the restaurant, and was engaged in ice-related work in China for about 10 years before entering Korea.

(C) Most of the Plaintiff’s work (90 per cent) are duties, such as pressing work and checking inventory, and the working hours are 09:0-19:00 to 19:00 per week, and 5 days per week.