요양불승인처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation concerning this part of the grounds for the decision of the court of first instance is the same as the corresponding part of the reasons for the decision of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of
2. The Plaintiff’s assertion is in charge of cleaning the National Livestock Industry Institute and U.S.A. (hereinafter “instant work”), and ① 50 tons of calcium was scalcium in a direct inhaled to calcium every day for the calcium removal work, ② from May to August, 200, the Plaintiff was exposed to dust, such as dust, hair, etc. of a variety of animals, and the storage calcium, etc. inhabited at a calcium and the calcium, and ③ regularly spreads calcium containing “galcium” ingredients that cause pulmonary diseases, such as calcium.
The instant disposition, based on different premise, is unlawful, even though the injury or disease of the Plaintiff was caused or aggravated due to the above working environment.
3. Whether the instant disposition is lawful
A. In addition to the purport of the entire pleadings as to whether the instant injury or disease occurred, Gap evidence Nos. 2, 3, and Eul evidence Nos. 5, and the fact-finding with the director of the medical department within C of this court from August 19, 2013 to March 12, 2014, the Plaintiff received medical treatment more than 10 times from the physician of the medical department within C of the medical department from August 19, 2013 with "pathosome, chronic erosion, and respiratory difficulties, etc." and it is reasonable to deem that the instant injury or disease occurred to the Plaintiff according to the above fact-finding.
B. The "occupational accident" as stipulated in Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee's work while performing his/her duties, and there is a proximate causal relation between the work and the accident. In this case, the work should be done.