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(영문) 광주지방법원 2016.01.07 2014구단826

요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

A. The plaintiff was employed by the Korea Railroad Corporation on January 22, 2003 and served as a vehicle manager at the B Railroad Agency.

B. On February 10, 2014, the Plaintiff filed an application with the Defendant for approval of medical care for the instant injury and disease on the ground that the instant injury and disease occurred, claiming that “the Plaintiff was exposed to various kinds of dust, such as sand dust, while working as a vehicle manager.” (hereinafter “the instant injury and disease”).

C. On September 4, 2014, the Defendant’s “instant disposition” on the ground that it is difficult to regard the instant injury and disease as the period that may cause the injury and disease.

(1) 【No dispute over the grounds for recognition, Gap evidence No. 7-1, Eul evidence No. 1-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not have any anything in the health examination before becoming a member of the Korea Railroad Corporation. According to the doctor’s opinion that the early test of waste fiber was observed in 2007 after the Plaintiff’s membership, and that dust, such as sand and metal scrap, may adversely affect waste diseases, the injury or disease of this case was caused by the dust exposed in the course of performing his duties.

Therefore, the injury or disease of this case naturally constitutes an occupational accident.

The defendant's disposition of this case which did not recognize the proximate causal relation between the plaintiff's business branch of this case is unlawful.

나. 인정사실 ⑴ 원고의 작업내용 ㈎ 2003. 1.~2006. 5. 일반모래 건조 및 운반 작업 - 입고된 모래를 야적장에서 손수레로 이동 - 건사장 옆 외부에서 순수레에 담긴 모래를 체로 거르기 - 건조된 모래를 18ℓ통 및 송사탑으로 이동되는 투입구로 옮기기 - 송사탑에 쌓인 모래를 PVC 호스로 기관차 모래통에 보충하기 ㈏ 2006. 6.~2009. 3. 미리 건조된 모래(1.5㎥ 자루로 입고) 운반 작업 - 건조모래 자루(포대)를 개봉하여 송사탑...