beta
(영문) 서울행정법원 2015.07.09 2013구단53274

요양불승인처분취소

Text

1. On November 29, 2012, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On December 1, 2004, the Plaintiff is a person who was employed by and worked for Cagricultural partnership located in Gyeonggi-si B (hereinafter “instant place of business”).

B. On October 29, 2012, the Plaintiff asserted that “the escape symptoms of the conical signboards between the 3-4 pages, 4-5 pages, 5 pages-1,00 pages (hereinafter “the instant injury and disease”),” had been caused by the Plaintiff’s duties, and applied for the approval of medical care.

C. On November 29, 2012, the Defendant rendered a disposition to not approve the Plaintiff’s application on the ground that the instant injury and disease was naturally aggravated due to changes in individual retirement (hereinafter “instant disposition”).

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

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff asserted that at the instant workplace, the Plaintiff had repeated the process of moving completed feed from a consortium to a telet, warehouse, buyer’s vehicle, etc. for about seven years and eleven months.

As such, the injury and disease of this case occurred due to the duty that imposes a heavy burden on the pelvis, the defendant's disposition of this case which did not recognize the causal relationship between the injury and the work of this case is unlawful.

B. (i) The instant workplace, where the Plaintiff had worked, has been working for approximately 11 to 18 full-time workers at the place where the mixed feed is manufactured.

On December 1, 2004, the Plaintiff entered the instant workplace and worked for 08:30 to 17:00 a week from the production2 team.

B. The Plaintiff’s work to store approximately approximately 20 km of feed completed and emitted from the instant business establishment on the floor of a consortium level, to store feed stored on the floor, to load the warehouse or buyer’s vehicle, and to transport the warehouse.