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(영문) 청주지방법원 2013.06.13 2012구합2448

최초요양급여불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 20, 201, the Plaintiff entered and worked as a kitchen to C, a Chinese restaurant located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu (hereinafter “instant place of business”), and was diagnosed on September 20, 2012 as “the family member retired on June 12, 2012,” and was diagnosed as “the family member’s family member’s family member’s family member’s family member’s family member’s family member’s family member’s family member’s family member’s family member’s family member’s family member’s family member’s family member’s family member’s family member

On September 20, 2012, the Plaintiff asserted that the instant injury and disease constituted an occupational accident that occurred while serving in accordance with the direction of the business owner at the instant workplace, and filed an initial medical care benefit application with the Defendant. However, on October 26, 2012, the Defendant issued the first non-approval disposition of medical care benefits (hereinafter “instant disposition”) to the effect that it is difficult to recognize the causal relationship between the business of the instant workplace and the instant injury and disease.

【인정근거】다툼 없는 사실, 갑 제1호증 내지 갑 5호증(가지번호 있는 것은 가지번호 포함, 이하 같다)의 각 기재, 변론 전체의 취지 이 사건 처분의 적법 여부 원고의 주장 요지 이 사건 사업장은 야간근무를 하는 곳이고, 특히 연말, 연초에 무척 바빴는데, 원고가 2012년 1~2월경 사업주의 지시로 오랜 시간 지속해 요리하던 중 우측 팔꿈치 뒤쪽을 삐끗하게 되었고, 그 후 통증을 참고 일을 계속하던 중 증상이 악화되어 이 사건 상병이 발생한 것이다.

Considering the fact that the Plaintiff did not have any pains while working as a Chinese restaurant for about 30 years, the disease of this case is obvious that the Plaintiff was in a group in the elbow in the process of continuing to use the country, etc. heavier than the right arms at the workplace of this case, and thus, the disease of this case constitutes an occupational accident.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

The "occupational accident" in the Industrial Accident Compensation Insurance Act means the injury, disease, disability or death of the worker caused by the occupational reason.