요양불승인처분취소
1. Revocation of the first instance judgment.
2. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on April 17, 2016 is revoked.
3...
1. The summary of the grounds for appeal is that the Plaintiff has been engaged in the business related to the automobile assembly process for not less than 13 years, and the Plaintiff has been engaged in the unstable work, such as satisfying at least 100 times a day or satisfying repeatedly at least 100 times a day when completing the vehicle’s language.
The Plaintiff’s work results in the Plaintiff’s “surgical signboard escape certificate No. 4-5 (hereinafter “instant injury”). As such, the instant injury constitutes an occupational disease caused by the Plaintiff’s duty or rapidly aggravated at a natural speed above that of its proceeding.
Therefore, it is unlawful that the Defendant made a disposition not to grant medical care to the injury and disease of this case (hereinafter “instant disposition”).
2. Determination on the grounds for appeal
A. The "occupational accident" under Article 4 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee's occupational accident while performing his/her duties, so there is a proximate causal relation between the employee's occupational accident and the accident. In this case, the causal relation between the employee's occupational accident should be proved by the assertion. However, the existence of a proximate causal relation between the occupational accident and the accident should be determined on the basis of the worker's health and physical condition, not by the average but by the average person. In addition, the degree of proof of the causal relation should not be clearly proved by medical and natural science, and it should be proved even in the case where there is a proximate causal relation between the occupational
(See Supreme Court Decision 2005Du8009 Decided November 10, 2005, etc.). B.
Facts of recognition
Facts without dispute between the parties, Gap's statements or images, Gap's evidence 1 through 7, 13, 14, Eul's evidence 1 through 3, Eul's evidence 5-3, 4, and 8 (including branch numbers; hereinafter the same shall apply), Gap's evidence 8, and the first instance court.