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(영문) 서울행정법원 2017.11.30 2017구단64029

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. From December 1981 to December 7, 1994, the Plaintiff served as a mining source in B, C, and D companies, etc.

B. On March 29, 2016, the Plaintiff was diagnosed as “Rano-Madon Radon Radon who does not accompany the leader” (hereinafter “the instant injury and disease”), and claimed that the instant injury and disease occurred by performing for a long period of time the work involving vibration, such as driving of a tool such as claps, while working as a luminous source for approximately 21 years in coal mines, and filed an application for medical care benefits with the Defendant.

C. On October 4, 2016, the Defendant rendered a decision not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on October 4, 2016 to the effect that “The instant injury and disease was not recognized since there was no color change in the coolant test conducted in the special diagnosis, and there was no proximate causal relation between the work and the injury and disease in the instant case after the departure from the work for a considerable period of time elapsed” (hereinafter “instant disposition”).

Accordingly, the Plaintiff filed a request for review on October 31, 2016 with the Defendant, but the Defendant decided to dismiss the request for review on January 2017. The Plaintiff filed a request for review with the Industrial Accident Compensation Insurance Reexamination Committee, but the Industrial Accident Compensation Insurance Reexamination Committee decided to dismiss the Plaintiff’s request for reexamination on April 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 8, 9, 10, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff worked as a mining source from around 1974 to around 21, 194, while operating tools such as cryp, dryp, call graphics, and network dump during mining operations, and had been exposed for a long time to harmful factors, such as suffering vibration from the body, including his hand, by frequently performing vibration work for a long time. The Plaintiff used cryp in the mine for eight years.