요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff served in the Korea Coal Corporation B Mining Complex from December 1, 1959 to February 13, 1971. On April 22, 2013, the Plaintiff filed an application for medical care with the Defendant with respect to chronic pulmonary pulmonary disease (or chronic pulmonary disease; hereinafter “instant injury”). On October 28, 2013, the Defendant cannot verify the business relationship of the above injury and issued a non-approval disposition (hereinafter “instant disposition”) on the ground that the Plaintiff’s objection to the instant disposition, but was dismissed by the Industrial Accident Compensation Insurance Review Committee on January 10, 2014, was not disputed between the parties or recognized by the evidence of subparagraphs 1 through 3.
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that the disease of this case was diagnosed due to the dust exposed to the waste through the mine digging operations, and thus, the instant disposition that deemed that it was not an occupational accident is unlawful.
B. The "occupational accident" under the Industrial Accident Compensation Insurance Act refers to the injury, disease, disability or death of an employee caused by an occupational reason, and in order to be recognized as a disaster caused by an occupational reason, the accident in question is caused by the occupational accident, and there is a proximate causal relation between the business and the accident, and the existence or absence of a causal relation is determined based on the health and physical condition of the employee concerned, not
With respect to the degree of proof of the causal relationship, if it is presumed that there is a proximate causal relationship between the work and the accident in light of all the circumstances, not necessarily must be proved clearly by medical or natural science, but should be proved by the party asserting the causal relationship between the worker's accident and the work.
Supreme Court Decision 98Du4740 Decided May 2, 1998, Supreme Court Decision 2006Du8204 Decided January 31, 2008, etc.