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(영문) 서울행정법원 2016.12.02 2015구단62388

요양 일부 불승인 처분 취소

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 April 6, 2015, the Plaintiff, as an employee at the construction site, was involved in an accident where the concrete pumps of about 20 km in weight fall into the left-hand shoulder and head (hereinafter the instant accident), and applied for medical care benefits under the Industrial Accident Compensation Insurance Act to the Defendant for “the front-hand shoulder, the front-hand shoulder, and the left-hand shoulder revolving”.

B. On April 24, 2015, the Defendant approved the medical care benefits with respect to the “salvines and checks on the left side” among the above injury and disease, and rendered a disposition of non-approval of the medical care benefits with respect to the “salvines and checks on the left side” (hereinafter “instant injury and disease”).

C. The Plaintiff, who is dissatisfied with the instant disposition, filed a request for examination and a request for reexamination, but all dismissed.

[Ground of recognition] Facts without dispute, Gap 1 (including provisional number), Eul 1 through 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the instant injury and disease occurred due to the instant accident, and thus, the instant disposition based on a different premise is unlawful.

B. 1) Determination of the Industrial Accident Compensation Insurance Act refers to the worker's injury, disease, disability or death caused by an occupational reason. In order to be recognized as a occupational accident, the accident is caused by the occupational accident, and there is a proximate causal relation between the work and the accident. In this case, the causal relation between the worker's accident and the work should be proved by the claimant. 2) If Gap 3 and Eul 5 are included in each evidence, and if the whole purport of arguments is added to the result of the medical record appraisal request to the director of the Sast Hospital Sast Hospital at the school of this court, the plaintiff's main doctor verified the worker's disease of this case, and carried out a crupted operation on April 10, 2015, and there is a change of ejaculation due to the ejaculation of the part parts of the MaI's transition.