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(영문) 서울행정법원 2016.05.27 2015구단53162

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 November 20, 2014, the Plaintiff was diagnosed as “man, tunnel, spaw, spaw, spaw, spaw, spaw, ew, ew, ew, ew, ew, ewalosis (hereinafter “ewal”),” and filed an application for medical care benefits with the Defendant on or before December 11, 2014.

B. On February 9, 2015, the Defendant rendered a decision not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the instant injury and disease cannot be recognized as a disease caused by occupational grounds according to the result of the Seoul Committee for Determination of Disease.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2-1, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was diagnosed on November 20, 2014 by performing for a long period of time the instant work with heavy vibrations from May 1, 1965 to around 27, 199, using a large number of air conditioners in a bomb in the mine for approximately 8 hours a day, while serving as the Gangwon Coal Mining Corporation’s department from May 1965 to around 1993. The instant disease was diagnosed as the instant disease on November 20, 2014, and there is a proximate causal relation with the Plaintiff’s work.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

B. In full view of the Plaintiff’s work period and duty description No. 3-2 and 3-2 of the Plaintiff’s evidence No. 1, the Plaintiff may be found to have retired from office on April 4, 1993 when he worked as the digging field from the Gangwon Coal Corporation from January 1, 198 to the digging field. However, it is insufficient to recognize the Plaintiff’s assertion that the Plaintiff worked as the digging field for about 27 years from May 1, 1965, by itself on the basis of each of the evidence No. 2-3 and evidence No. 3-1 of the above evidence No. 3.