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(영문) 서울행정법원 2016.09.23 2016구단51132

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. As between December 7, 1993 and March 8, 1994, the Plaintiff served as a Paunck mining center as a Pack and retired from office.

B. On September 1, 2014, the Plaintiff was subject to rano cansm scops inspection, and scopic heat inspection at the Central University Hospital on September 1, 2014 (hereinafter “the instant injury”). On the right side of the Plaintiff, the Plaintiff was subjected to rano scopa (hereinafter “the instant injury”).

C. The Plaintiff filed an application for medical care to the Defendant regarding the instant injury and disease, but the Defendant, on February 10, 2015, retired, and the considerable period of time has elapsed since the withdrawal, and on the ground that it is difficult to recognize an occupational disease due to the lack of proof of medical care for the injury and disease before and after the retirement.

(hereinafter “instant disposition”) D.

The Plaintiff filed a request for review to the Defendant on July 2015, but was dismissed on October 30, 2015, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination, but was dismissed on October 30, 2015.

[Ground of recognition] Facts without dispute, Gap's 1 to 3, 8, 9, 10 evidence, Eul's 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is about 10 years of the Plaintiff’s disease, and the right side part was exposed to severe vibration while collecting coal and extracting by using rock, etc. from coal mines for about 10 years, and was diagnosed through a close inspection, and thus, the instant injury and disease constitutes occupational disease.

나. 인정사실 1) 담당업무 등 원고는 B생의 남자이다. 원고는 1993. 12. 7.부터 1994. 3. 8.까지 사이에 태백광업소에서 선산부로 근무하였다. 2) 의학적 소견 레이노 증후군은 손발이 추위나 심리적 스트레스에 노출되었을 때 말초혈관의 수축에 의해 혈액순환이 일시에 중단되어 손가락이나 발가락의 끝이 하얗게 또는 파랗게 변하는 것을 말한다.

원고의 의무기록에는 레이노 증후군의 가장 큰 특징인 색조변화(하얗게 또는 파랗게)에 대하여 의사가 이를 관찰하여...