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(영문) 대구지방법원 2015.01.16 2013구단1343

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 26, 2001, the Plaintiff joined B (hereinafter “Nonindicted Company”) and served until February 2012, 201, and then retired, and thereafter returned on April 2, 2012.

B. On April 17, 2012, the Plaintiff filed an application for medical care benefits with the Defendant claiming that the instant injury was caused by an accident in which the dilutiond water flows into snow (hereinafter “instant accident”) during the work on April 14, 2012, after receiving the diagnosis of “Madodominitis and Madomine Gi (Hayang)” (hereinafter “the instant injury”).

C. Accordingly, on May 29, 2012, the Defendant cannot serve as the cause of the outbreak of spawnitis because of low fluority concentration, and the Defendant’s refusal of medical care (hereinafter referred to as the “instant disposition”) on the ground that it is a spawn disease with no medical causal relationship with the disaster, such as the instant accident. The Defendant’s refusal of medical care (hereinafter referred to as the “instant disposition”) was without any dispute, and the purport of the entire pleadings and arguments as to the Plaintiff’s assertions Nos. 1, 4, 8, and 4.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not have received hospital treatment prior to the instant accident. The Plaintiff continued to be exposed to the dilution steam while working for not less than 10 years in the Nonparty Company. At the time of the instant accident, the instant accident occurred due to the chemical damage, as the dilution water directly gluent in snow, and the instant disease occurred due to the chemical damage. Thus, it should be recognized as occupational accident.

B. In order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, there should be a proximate causal relationship between the work and the accident as well as the occupational performance in order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act. In this case, the causal relationship between the work and the accident of the worker should be proved by the assertion.