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(영문) 인천지방법원 2015.07.14 2013구단472

산재요양불승인처분취소

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 August 3, 2012 to November 8, 2011 of the same year, the Plaintiff became a company operating a comprehensive management business of buildings, etc., and was in charge of the management of Bupyeong-si B buildings in Bupyeong-si (hereinafter “instant building”).

B. On January 21, 2013, the Plaintiff filed an application for medical care benefits with the Defendant, stating that “Around September 12, 2012, the Plaintiff, under the direction of C, the owner of the instant building, brought up a bridge to remove the “D” signboard attached to the entrance of the instant building, and removed the signboard, the Plaintiff lost vadle’s centering around vaddi, thereby falling into the ground (hereinafter “the instant disaster”).

C. On March 14, 2013, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the instant disaster and the injury and the instant injury and disease.

[Ground of recognition] Facts without dispute, Gap 6, Eul 1 (including virtual number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. At the time of the Plaintiff’s assertion, the Plaintiff fell from a bridge, thereby falling into vaddi, which led to the Plaintiff’s direct shock, thereby causing the instant injury and disease.

Therefore, even though proximate causal relation between the disaster of this case and the injury and the injury and disease of this case should be recognized, the defendant's disposition of this case is unlawful.

B. According to the Industrial Accident Compensation Insurance Act, the "occupational accident" refers to an employee's injury, disease, disability or death caused by an occupational reason, and in order to be recognized as a disaster due to an occupational reason, the accident is caused by the occupational accident, and there is a proximate causal relation between the occupational accident and the occupational accident. In this case, the causal relation between the worker's accident and the work.