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(영문) 창원지방법원 2015.03.25 2013구단148

최초요양급여신청상병일부불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On January 18, 2012, while joining the Korea Electricity Co., Ltd. (hereinafter “instant workplace”) and working for the instant workplace, the Plaintiff was subject to occupational accidents falling within approximately 3 meters height of a shooting bridge at the work site (hereinafter “instant disaster”). On February 22, 2012, the Plaintiff was diagnosed as “the escape certificate of a protruding signboard between 5-6 and 5-6 on the left side and right side,” and applied for medical care benefits to the Defendant on August 31, 2012.

After deliberation by the Occupational Disease Determination Committee, on October 10, 2012, the Defendant was not granted approval of the escape card of a conical signboard No. 5-6 (hereinafter “instant injury”) among the injury and disease in the instant application on October 10, 2012 on the ground that there is no proximate causal relation with the instant accident.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed a request for examination to the Defendant, but was dismissed on December 12, 2012.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 (including partial Nos. 1 and 1; hereinafter the same), the disease of this case was first confirmed through MRI inspection while the plaintiff was receiving medical treatment after the disaster of this case, and had no symptoms of the disease of this case before the disaster of this case. There was no fact that the disease of this case was being treated.

Furthermore, the first diagnosis of the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the injury to the accident to be caused by the accident to be aggravated by the accident to the Plaintiff. As such, the injury to the injury to the injury to the injury to the injury to the accident of this case was caused by work or at least by work.