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(영문) 서울행정법원 2016.01.28 2015구단56673

요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff is a person who retired from office while serving as coal in Gangwon Coal Mining Co., Ltd. (hereinafter “instant mining center”) during the period from August 27, 1968 to April 1, 1993.

On February 5, 2015, the Plaintiff claimed that the instant injury and disease occurred due to the Plaintiff’s work after receiving a diagnosis of the “Sarno Radon Radon Radon Radon Madon Madon Madon (hereinafter “the instant injury and disease”), and filed an application for medical care benefits with the Defendant regarding the instant injury and disease.

On April 23, 2015, the Defendant rendered a disposition not to approve the Plaintiff’s application (hereinafter “instant disposition”) on the ground that the Plaintiff’s symptoms did not comply with the criteria for diagnosis of the injury and disease in this case, and that there was no causation between the injury and disease in this case and the Plaintiff’s work are not recognized after a considerable period of time has already elapsed since the Plaintiff left the harmful business (hereinafter “instant disposition”).

【In the absence of dispute, the Plaintiff asserted the legitimacy of the disposition of this case as to the facts of Gap's Nos. 1 through 3 (including paper numbers), Eul's evidence Nos. 1, and the purport of the whole pleadings, and the purport of the disposition of this case. The Plaintiff was engaged in coal work by using a crypherr in the mining area of this case by dumping powders and spreading them by using a dump, etc.

However, the plaintiff's work is all causing severe vibration, and both sides of the plaintiff's work have to be exposed to severe vibration during a long time.

Due to such vibration work, the Plaintiff was diagnosed as the injury and disease of this case through an objective close inspection, which was caused by symptoms, such as retirement as well as retirement from office in the mining center of this case and the change in color after retirement, etc.

Nevertheless, the Defendant’s non-approval of the Plaintiff’s application on the ground that the instant injury and disease was not diagnosed, or that the causal link between the instant injury and the Plaintiff’s work is not recognized.