요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 5, 2012, the Plaintiff was diagnosed as “waste cancer” (hereinafter “the instant injury”) on Oct. 5, 2012, and was exposed to the contact, fume, etc. for not less than seven years without protective equipment, and filed a claim for medical care benefits with the Defendant.
B. On April 1, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that “The period of work as an entertainment worker is relatively short, and most of his/her employment is difficult to be recognized as having been recently made when taking into account the diving of the lung cancer.”
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 and 2 (including provisional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff had no protective protective equipment, and was directly exposed to waste cancer hazardous materials, fume, harmful gas, etc., and in the case of Japan, a corporation, which had been engaged in from March 2006 to July 2007, the defendant handled asbestos, which is a carcin in the manufacturing of fire doors. Although the disease of this case was caused by the plaintiff's work, the disposition of this case was unlawful on the other premise of the defendant.
B. In fact, (1) The Plaintiff, along with the denial, engaged in a self-maring business on a truck, and worked as a maryer for about seven years and one month prior to the diagnosis of the injury and disease in the instant case, from June 26, 200 to September 30, 2013, while serving as a mary work at a company such as a stock company, a Japanese mary, and B.
(2) The duties and the working environment based on the Plaintiff’s statement during the disaster investigation are as follows.
- The plaintiff mainly engaged in gas(CO2) contact, worked in small-scale companies without separate protective outfits, and inhaled steel plates, dust, etc. as they are when doing so.