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(영문) 서울행정법원 2016.06.17 2015구단60238

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. From December 29, 1980 to December 31, 1990, the Plaintiff was a person working at the Korea Coal Corporation in the Korea Coal Corporation and applied for medical care benefits to the Defendant on July 27, 2015 (hereinafter “the instant injury”).

B. On September 17, 2015, the Defendant issued a medical care non-approval disposition (hereinafter “instant disposition”) to the Plaintiff in accordance with the results of the review by the Seoul Committee for Determination of the Medical Disease, on the following grounds: “In addition to the expression of symptoms obtained by both descendants on the medical records, it is difficult to recognize the Plaintiff as an injury or disease related to work after the period of 24 years or more, the examination of the injury or disease was conducted without any appeal to the Seoul Committee for Determination of the Medical Disease. There is no nuclear air-going body prosecutor to distinguish the secondary rashra, and there is no decrease in blood products on the left-hand cans, but there is no change in color and blue color in the air condition, but there is no private person in re-exploiting, and the diagnosis of the injury or disease is not reasonable.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. While the Plaintiff’s assertion was engaged in 10 years in the mining industry, the instant injury was caused by severe vibration and damp and damp environment in the pit, and a remote lane in the outside environment. However, the Plaintiff failed to undergo a diagnosis even though there was a low degree of symptoms due to the relationship to continue the work, and the Plaintiff was diagnosed through an objective inspection at the National University Hospital after retirement. The instant injury was an occupational accident and the Defendant’s disposition based on a different premise was unlawful.

B. According to the evidence evidence Nos. 2, 4, and 5, the Plaintiff shall start in the process of collecting coal and mining in the Korea Resources Corporation for ten years from December 29, 1980.