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(영문) 대구고등법원 2016.01.29 2015누4823

요양불승인처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On July 20, 2009, the Plaintiff entered the Byang on July 20, 2009 and was engaged in the delivery of the boxes thereafter.

B. On October 11, 201, the Plaintiff was diagnosed by C Hospital as “sulpatitis and Alley (hereinafter “the instant injury and disease”). On October 21, 2011, the Plaintiff was diagnosed as “bule-mination and Cule-mination” (hereinafter “the instant injury and disease”).

C. On August 20, 2012, the Plaintiff filed an application for medical care benefits for the instant injury and disease with the assertion that “the Plaintiff, while delivering the instant wounded box to the Defendant, caused the instant injury and disease by unreasonable and repeated work.”

On January 7, 2013, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that the Plaintiff’s work and the injury and disease of this case are difficult to recognize proximate causal relation, considering the location of the frame seen from radiation photographs.

E. The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on April 18, 2013.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 4, Eul 1, 4, Eul 1, 4, and 6 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff entered the Byang, and engaged in the delivery of a box box box, and caused the injury and disease of this case to be borne by the upper part of the upper part of the box, such as the elblus, etc.

Even if there was a king evidence against the Plaintiff, it was rapidly aggravated due to the above work.

Therefore, a proximate causal relation between the Plaintiff’s work and the injury and disease of this case is recognized, and the instant disposition is unlawful on a different premise.

(b) Entry in the attached Form of relevant statutes;

C. The Plaintiff’s work form and physical conditions are as follows: (i) the Plaintiff worked from 8 A.M. to 4 P.M. on a six-day basis.