요양승인처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. The cost of participation in the proceedings.
1. Details of the disposition;
A. The Plaintiff is a company with the objective of manufacturing and selling the products for the business.
A. From September 1, 1981 to February 29, 1988, the network A (hereinafter “the deceased”) served in the department of the Plaintiff’s sanitary instrument production. B. The deceased was diagnosed on July 201, and applied for medical care benefits to the Defendant on October 18, 201. On April 5, 2012, the Defendant approved the first medical care for the reason that “the instant disease was likely to have occurred by materials exposed to a workplace that had worked prior to the date of 2000, among which, the Plaintiff had worked for a long period of time.”
hereinafter referred to as the "disposition of this case"
C. C. On May 24, 2013, the deceased died during the trial of the court, and on May 24, 2013, the deceased’s wife E and F and G took over the instant lawsuit. [In the absence of any dispute over the grounds for recognition, Gap’s evidence Nos. 1 and 2, Eul’s evidence No. 1-1 through No. 4, Eul’s testimony and the purport of the entire pleadings by the witness B of the court of first instance.
2. The Plaintiff’s assertion was that there was no asbestos, which is a carcinant, at the time when the Plaintiff’s work was performed in the Plaintiff Company, and the Deceased worked in the department of official duty, not in the production department of the Plaintiff Company, and thus, the disease was not exposed to the risk environment
In addition, the Deceased was unable to smoke tobacco for 30 years per day, and the Deceased continued to engage in the duties to be exposed to cancer by the date of the occurrence of the injury or disease in this case after his withdrawal, so there is no proximate causal relation between the occurrence of the injury or disease in this case and the work of the Plaintiff Company.
Therefore, the instant disposition made on a different premise is unlawful.
3. Facts of recognition;
(a) Most cancer, including primary lung cancer, are to suppress specific cancer by occupational and environmental cancer.