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(영문) 울산지방법원 2016.12.15 2016구합5192

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 January 15, 2015, the Plaintiff (born and male) was enrolled in the Jinyoung Heat Processing Co., Ltd. (hereinafter “Nonindicted Company”) and was working in the heat treatment site production team, and was diagnosed on June 4, 2015, with the Plaintiff’s visit to C Hospital at C Hospital, the left-hand shoulder, hump, hump, hump, and hump escape certificate No. 6-7 (hereinafter “pump escape certificate”) called the left-hand shoulder shock, left-hand shoulder, hump, hump, and hump escape certificate No. 6-7 (hereinafter “pump escape certificate”).

On June 11, 2015, the Plaintiff: (a) received check-type, refluorction, and active refluorction at the above hospital; and (b) filed an application for the first medical care benefit with the Defendant on August 4, 2015, applying for the instant injury and confluorction escape certificate, with the Defendant around August 4, 2015.

B. On October 15, 2015, the Defendant approved the medical care for the Plaintiff on the grounds that there is a proximate causal relation with the Plaintiff’s work. However, the Defendant rendered a disposition not to grant medical care for the injury and disease of this case (hereinafter “instant disposition”), on the grounds that the proximate causal relation with the Plaintiff’s work cannot be found with respect to the injury and disease of this case (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, 9, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s assertion, from June 1, 2010 to the point of work, period, etc. that the Plaintiff performed while working in Samsa Co., Ltd. (hereinafter “former Co., Ltd”) and Nonparty Co., Ltd., the instant injury and disease was caused as a result of repeated force in the Plaintiff’s work process, or aggravated beyond the natural progress. Thus, the instant injury and disease were caused by the instant injury and disease.