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(영문) 수원지방법원 2018.06.27 2017구단941

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. B determined the construction period from April 12, 2016 to April 30, 2017 by C Co., Ltd., and performed the said construction work upon entering into a subcontract for the Construction of the D Distribution Center (hereinafter “instant construction”). On August 2, 2016, the Plaintiff was employed as a worker of B, who works for the instant construction site from the date of employment.

B. On December 6, 2016, the Plaintiff made a statement to the effect that “I would have gone to work” at the F Hospital located in Mana-gu, Mayang-si, and applied for the first medical care benefits to the effect that “I would have gone to work,” and that “I would like to go to the Defendant, at around 10:30 on November 14, 2016, the Plaintiff applied for the first medical care benefits to the effect that “I would have brought about a 22m-meter winding for the construction of steel bars reinforced steel bars of the second floor at the construction site of this case (hereinafter “the instant accident”).”

C. On November 14, 2016, the Defendant issued a disposition to refuse medical care (hereinafter “instant disposition”) to the Plaintiff on March 27, 2017, on the ground that the Plaintiff was aware of the fact that the Plaintiff had carried out an operation to cover the steel bars at the construction site of this case, but the exit of the right scarcity is not observed according to medical opinions.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, Eul evidence Nos. 1 through 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the accident in this case occurred with the degree of the escape or escape of the right scarke section or the right scarke section (a total of the two diseases in this case referred to as “the injury and disease in this case, etc.”), or that the right scarke, etc. occurred.

In the event of the instant accident, the outbreak of a efficienity of the right shoulder by repeating the work of fasting the steel bars while serving as a steel hole for about 24 years, and the outbreak of a efficienity of the right shoulder has become more than the natural progress speed.