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(영문) 서울행정법원 2014.02.07 2013구단393

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 March 19, 2012, the Plaintiff was diagnosed as “the right-hand side of the 5-Tule of nuclear escape symptoms” (hereinafter “the instant injury and disease”), and applied for medical care to the Defendant on June 25, 2012, by visiting the hospital due to the disaster circumstance where the Plaintiff was suffering from serious pain during the process of engaging in a Vbling room around March 19, 2012.

B. On July 26, 2012, the Defendant rendered the instant disposition that rejected the Plaintiff’s application for medical care on the ground that there is no proximate causal relation between the instant shopping branch and the Plaintiff’s business.

[Reasons for Recognition] Evidence No. 2, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had been employed as an employee in the production sector and engaged in the work or repeated work that imposes a considerable burden on 90 degrees, and as a result, the instant injury and disease occurred.

In contrast, the instant disposition is unlawful.

B. 1) The "occupational accident" under the Industrial Accident Compensation Insurance Act refers to the worker's injury, disease, disability or death caused by an occupational reason, and in order to be recognized as a occupational accident, there should be a proximate causal relation between the occupational accident and the accident. In this case, the causal relation between the worker's accident and the duty should be proved by the assertion. 2) The above evidence, Eul's evidence, the statement of evidence Nos. 3 through 7, the verification of this court, the result of this court's request for the examination of medical records to the director of the Han Forestry University, the Gangwon-do Hospital.

The injury and disease of this case is not a strong physical shock from the outside, but a change in the nature of other textile wheels, i.e., the fall behind the age increase.