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(영문) 서울행정법원 2019.07.17 2018구단19729

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;

가. 원고는 포천시 B에 소재한 주식회사 C(이하 ‘이 사건 사업장’이라 한다) 소속 일용 근로자로서 2017. 7. 14. 09:35경 나무가루를 만드는 창고 안의 회전하는 기계 밑에서 청소를 하다가 일어서던 중 위 기계에 머리를 부딪쳐 그 충격으로 뒤로 넘어져 엉덩방아를 찧는 사고(이하 ‘이 사건 사고’라 한다)를 당하였다.

B. After that, the Plaintiff asserted that the instant accident was diagnosed as the injury or disease in the vertebox, the vertebox, and applied for medical care benefits for each of the above injury or disease to the Defendant.

However, on May 16, 2018, the Defendant approved the Plaintiff’s medical care benefit application as to “dubing wound” on the basis of the Defendant’s medical opinion, etc., that “The two infebrate verts in the review of medical records are appropriate, and that the cause of the outbreak of the disease occurred due to the recidivism, and that there is no causal relationship with the external wound, such as the verification of the efficial disease of the Efebrate in the Efebrate in the Efebrate (hereinafter “the instant disposition”) taken on December 20, 2016. However, the Defendant approved the Plaintiff’s medical care benefit application as to “dubing wound” on the basis of the Defendant’s medical opinion, etc., but decided not to approve the Plaintiff’s application for medical care benefit (hereinafter “the instant disposition” only on the part of the decision not to approve the Plaintiff’s application for medical care benefit for the instant injury.

C. The Plaintiff filed a petition for review against the instant disposition, but the petition for review was dismissed, and the written decision was served on July 20, 2018 on the Plaintiff.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 2 and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the injury or disease of this case rapidly aggravated above the outbreak or natural progress speed due to the accident of this case, and thus, the accident of this case is the injury or disease of this case.