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(영문) 서울행정법원 2020.02.14 2019구단66869

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. The Plaintiff visited the hospital on October 4, 2018, as a person engaged in the sprinking and wheeling work, etc. in B Co., Ltd. (hereinafter “instant place of business”), and visited the hospital by using the sponsing and sponsing spons. On October 4, 2018, the Plaintiff was diagnosed with the vertebrate escape certificate No. 4-5 in the vertebrate No. 4-5 in the vertebrate, and the vertebrate electric brate No. 4-5 in the vertece (hereinafter “each of the instant diseases”).

B. On October 10, 2018, the Plaintiff applied for medical care benefits for each of the instant injury and disease to the Defendant. However, on February 1, 2019, the Defendant rendered a decision not to grant medical care on the ground that “In consideration of the Plaintiff’s work content and short-term work period, each of the instant injury and disease was under the negative physical burden at the time of the Plaintiff’s work, and that there is no proximate causal relation with each of the instant injury and disease as it constitutes a change in the existing disease and recidivism.”

(hereinafter “instant disposition”). C.

In response to the instant disposition, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but on May 3, 2019, the Industrial Accident Compensation Insurance Reexamination Committee also rendered a ruling dismissing the Plaintiff’s request for reexamination on the ground that “it is difficult to deem that there is a proximate causal relation between the Plaintiff’s work and the injury and disease of

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he had had a significant burden on the part of the Plaintiff’s entertainment and maintenance before the Plaintiff worked in the instant workplace, while continuing to engage in the work of saving or sucking down the long-time poppy or transporting heavy objects at the instant workplace.

Since each of the instant injury and disease was caused or aggravated as the burden was accumulated on the part of such a sacrifies, it is reasonable to view that a proximate causal relation is recognized with the duty.

Therefore, this is made on different premise.