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(영문) 수원지방법원 2013.10.25 2013구단455

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 May 7, 2012, the Plaintiff filed an application for medical care with the Defendant on the ground that “The Plaintiff was diagnosed with “the instant injury and disease” (hereinafter “instant injury and disease”) No. 5-S. 4-5, as a result of the occurrence of serious brush symptoms during the work on March 22, 2012, which occurred during the work at around 11:00, the Defendant applied for medical care on the following grounds: (a) the instant injury and disease were caused by work; and (b) the Defendant did not have proximate causal relation with the work of the instant injury and disease; (c) on the ground that there was no proximate causal relation with the work of the instant injury and disease.” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion has been repeatedly engaged in the work of installing and connecting the engine, which is weighting weighting, and Lone Star, for not less than seven years after becoming a company for both motor vehicles. This is a work that imposes a burden on the bar due to excessive accommodation and weighting, and is caused or aggravated by the disease in this case in the course of the work. However, the disposition of this case that the defendant denied the proximate causal relation and the disposition of this case was unlawful.

(b) Facts of recognition (1) : Outline of the workplace, such as the Plaintiff’s labor relations and duties - Business owner: Bilateral automobile manufacturing service period: From December 24, 2001 to March 22, 2012 (not less than 11 years): Service period from March 22, 201, which is the date of occurrence of injury or disease: From 08:30 to 17:30,000 ( Saturdays, Sundays, legal holidays) remaining or extraordinary work period: A service of installing franchise and Lone set at an engine for average remaining and exceptional work hours per week, and connecting the 26 hours of work. A service of moving Host to a place where a tamp is loaded, moving to a place where a tampers is loaded, using power and power to make a tamp, and then moving to a body of 5 meters as tampers and using power and power.