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(영문) 대구지방법원 2020.02.14 2019구단1840

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 15, 2018, the Plaintiff was a person who was employed and worked in C (hereinafter “instant workplace”) from June 11, 2018, and was diagnosed as “the escape certificate of a conical signboard between the fourth and fifth trends, and the number of the conical signboards in the fifth and the 1,000 square meters (hereinafter “the instant injury and disease”), and claimed medical care benefits to the Defendant on the 19th of the same month.

B. On March 18, 2019, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relation with the instant superior branch’s duties to the Plaintiff.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion entered the instant workplace and carried out the business of delivering food materials for about five months. On November 14, 2018, the Plaintiff was subject to an accident involving the stuffing in which the inventory products were loaded at the business partners’ freezing warehouse (hereinafter “instant accident”) and was shocked on the hurg’s part, and the Plaintiff continued to display the products, and was diagnosed as the instant injury and disease.

Therefore, there is a proximate causal relation between the Plaintiff’s work and the injury and disease of this case, and the instant disposition taken on a different premise should be revoked as it is unlawful.

B. 1) The "occupational accident" under the Industrial Accident Compensation Insurance Act refers to the injury, disease, disability or death of an employee caused by an occupational reason, and in order to be recognized as a disaster due to an occupational reason, the accident is caused by the occupational accident, and there is a proximate causal relation between the occupational accident and the accident. In this case, the causal relation between the worker's accident and the work should be proved by the claimant. 2) Each description of Gap 3 to 11, Eul 3 to 8 (including the serial number), and witness D's testimony and whole pleadings.