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(영문) 서울행정법원 2015.05.15 2012구단22457

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 June 29, 2012, while entering the Jeonju Factory, Hyundai Motor Co., Ltd. on February 2, 2004, the Plaintiff: (a) on June 29, 2012, the Plaintiff filed an application for the medical care benefits of this case (hereinafter “instant accident”); (b) on the ground that, around June 15:40, 2012, the Plaintiff: (c) caused the Defendant to be equipped with the sprink in the process of installing the FG internal assembly spacker box; (d) caused the sprink to turn out the spacker block to 180 degrees; and (e) caused the sprinking of the 90 degrees from being pushed out by using the shoulder to turn out the spacker block to 180 degrees; and (e) caused the spacking of the left shoulder to the left side (hereinafter “the instant medical care benefits”).

B. On July 17, 2012, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) on the ground that, as a result of the advisory society’s consultation, the Plaintiff was judged to have been unable to recognize the proximate causal relation between the disaster and the injury and the injury in the instant case, on the ground that it was difficult to recognize the proximate causal relation between the disaster and the injury in the instant case, on the ground that there was no specific opinion that there was a pelle, even though the Plaintiff was a pelle on the outside side of the uppermost body of the left-hand body, there was no possibility to suspect the acuteity.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3-1, Gap evidence 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is an injury caused by the instant accident, or the Plaintiff’s inappropriate membership in the said main plant for 9 years, and thus, the Defendant’s disposition that misleads the Plaintiff as to the instant accident is unlawful, since it is an occupational disease caused by the instant accident.

In addition, whether or not the defendant has a disease such as the confirmation of physical burden work.