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(영문) 울산지방법원 2015.06.11 2012구합1932

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;

가. 원고는 2001. 6.부터 2004. 1.까지 주식회사 노비언코리아 등에서 근무하였고, 2004. 3. 4. 주식회사 동명(이하 ‘소외 회사’라고 한다)에 입사하여 납품기사로 근무하던 중, 2012. 1. 4. 09:30경 3.5t 트럭에 짐을 상차한 후 망을 씌운 뒤 라쳇버클 로프를 설치하려던 순간 쓰러져 양산부산대학교병원으로 후송된 후 위 병원에서 ‘뇌경색, 우 반신마비(이하 ‘이 사건 상병’이라 한다)‘의 진단을 받았다.

B. On February 17, 2012, the Plaintiff filed an application for medical care benefits with the Defendant. However, on May 14, 2012, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the grounds that the instant injury and disease cannot be deemed an occupational disease.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the injury or disease of this case caused by occupational fault, stress, or an existing disease rapidly aggravated above the natural speed, and thus, constitutes occupational accident, the instant disposition should be revoked as unlawful.

B. 1) On March 4, 2004, the Plaintiff joined the non-party company that is engaged in the manufacture of synthetic resin, and served as a supply engineer for about seven years and ten months until January 4, 2012, which is the date of the instant injury or disease, and was in charge of the product load and delivery work.

From 08:00 to 19:00 a week, the Plaintiff had worked for more than two hours each week (on Saturdays from 08:0 to 12:00), from May 1, 201 to May 1, 201, the Plaintiff worked for more than one hour each week, and from December 27, 2011 to 08:0 to 18:00, the Plaintiff worked for less than one hour each week.

B) The Plaintiff’s specific work is a PVC pipe tacking (weight 7 g or 30 km) that the fork truck loaded with a truck.

b) the loading of the goods;