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(영문) 서울행정법원 2017.07.11 2015구단55632

추가상병불승인처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On May 24, 2014, at around 10:36, the Plaintiff filed an application for additional injury to the Defendant on September 17, 2014, for the approval of the medical care with the 20% picture 20% of the Dap 20% of the Dap 20th (hereinafter “approved injury”), as a restaurant employee, as a restaurant C (hereinafter “instant restaurant”) located in Seo-gu Incheon, Incheon, for an additional injury to the Defendant (hereinafter “the instant injury”). However, on October 14, 2014, the Plaintiff was not approved on September 14, 2014.

On March 31, 2015, the Plaintiff filed an application for additional injury and disease with the same content with the Defendant. However, on May 6, 2015, the Defendant rendered a disposition of non-approval of additional injury and disease (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff’s treatment of lead and cadmium addiction cannot be caused by video or gas inhaled due to gas explosion, and it is unlikely that lead to exposure to occupation within the meaning of lead and cadmium may occur in the restaurant where the Plaintiff worked.”

[Ground of recognition] without any dispute, entry of Gap's evidence Nos. 1, 2, 3, and 9, and the purport of the entire pleading as to whether the disposition of this case is legitimate, there is a proximate causal relation between the disaster of this case and the approved branch.

Therefore, the instant disposition taken on a different premise is unlawful.

Judgment

1. The term "occupational accident" in the Industrial Accident Compensation Insurance Act means an injury, disease, physical disability, or death of a worker who is caused by his/her duties while performing his/her duties. Therefore, there should be causation between his/her duties and the disaster, and the burden of proof should be proved by his/her assertion. The method and degree of proof shall not be necessarily clearly proved by direct evidence, but shall be at the time of employment on the basis of the health and physical conditions of the worker concerned.