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(영문) 울산지방법원 2015.09.17 2015구합53

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. On April 1, 2014, while becoming a member of the Hyundai Heavy Industries Co., Ltd. (hereinafter “Nonindicted Heavy Industries Co., Ltd.”) in 1984, the Plaintiff caused pains on the elbane in June 2013, and obtained approval for medical care from the Defendant on April 1, 2014 as an injury and disease.

B. On May 21, 2014, when the Plaintiff was under medical care, the Plaintiff filed an application for medical care benefits again with the Defendant by applying the Defendant as “the applicant’s injury and disease in the instant case’s injury and disease” to the front part of the back circuit, the left part of the back circuit, and the top part of the back part of the field.”

C. On August 13, 2014, the Defendant was difficult to recognize that the instant case was an injury or disease to the Plaintiff, and even if so, the occurrence occurred.

Even if there is a reason that there is no proximate causal relation with the Plaintiff’s application for medical care due to a change in the state of departure, this was a disposition not to approve the Plaintiff’s application for medical care (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap's 4, 7 evidence, Eul's 7 evidence (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is not only caused by the Plaintiff’s work, but also, according to the Plaintiff’s opinion, it is clear that the instant case’s injury and disease occurred to the Plaintiff. Thus, the instant disposition on a different premise should be revoked as unlawful.

B. Facts of recognition 1) The plaintiff entered the non-party company as the head of his office in 1984 and worked in the special lecture book for the head of his office and the mountain production department.

On December 26, 1995, the Ministry of Oceans and Fisheries changed the Department B to B in the shipbuilding business headquarters, and the Ministry was re-established on July 1, 2013 as C business division.

B) The Plaintiff worked for the Non-Party Company as five (5) days a week, and the average monthly working hours were worked on Saturdays. The normal working hours are from 8:00 to 18:00,000 to 13:00.

The rest time is ten minutes per A.M. and the working speed is possible to be regulated autonomously.