요양불승인처분취소
1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on October 5, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff is working as a mining source at the Korea Coal Corporation B Mining Center.
On May 15, 2014, a person retired from office was diagnosed on November 24, 2014 at the Gangwon-do Hospital, and applied for medical care benefits to the Defendant after receiving the diagnosis of syndrome syndrome gree (hereinafter “the instant injury”).
B. On October 5, 2016, the Defendant rendered a non-approval decision (hereinafter “instant disposition”) on the ground that there was no proximate causal relation between the Plaintiff’s work and the injury and disease of the instant case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering that the Plaintiff’s assertion was exposed to considerable level of vibration while engaging in pit works, etc. at the mining station for about 35 years and seven months, the Plaintiff was diagnosed through the rano cans test, and on the other hand, the Plaintiff is currently suffering from the injury and disease of this case, and as long as the injury and disease of this case was caused by the Plaintiff’s work, the Defendant’s disposition of this case was unlawful even if proximate causal relation was acknowledged between the Plaintiff’s work and the injury and disease of this case.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. The facts of recognition 1) The Plaintiff, including the Plaintiff’s duties, was on the job of the Korea Coal Corporation (hereinafter “Korea Coal Corporation”) from October 8, 1978 to May 15, 2014, engaged in the work of re-making a sludge or narrow pit, or making a mine pit and pit, while working as the Bochina. While performing the work, the Plaintiff used the boom, cryp, and boom, which are vibration tools, for a maximum of 1 hours per day and 3 hours per day. 2) The Plaintiff’s diagnosis of the instant injury disease and the Plaintiff’s health condition after retirement of the Korea Coal Corporation’s Coal Corporation.