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(영문) 서울행정법원 2016.03.17 2014구단52308

최초요양상병변경승인처분 취소 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The plaintiff is a person who had worked as a waterway on July 4, 2006 in the construction of the Socheon Viewing Viewing Service (hereinafter referred to as the "instant workplace") and on the road side.

At around 09:20 on November 18, 2013, the Plaintiff asserted that, by performing a long-term work that is liable for the lusium at the instant workplace, the Plaintiff caused “propin escape certificate between the 4-5 lusiums, 5 lusium-1,00,” and “propinary signboard escape certificate between the 5th and the 1,000 (hereinafter “the instant injury and disease”),” the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant on December 6, 2013.

On February 26, 2014, the Defendant approved the Plaintiff’s medical care for the reason that it may be recognized that the Hashean Island was caused by the Plaintiff’s work at the lusium. However, the instant injury was either unclear or her from a lusium disease, and thus, the Defendant rendered a non-approval of medical care for the instant injury (hereinafter “instant disposition”) on the ground that there was no causal relationship with the Plaintiff.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to Gap’s evidence Nos. 3, 4, 6, and Eul’s evidence Nos. 2, and the purport of the entire pleading as to the legitimacy of the disposition of this case, shall be deemed to have occurred due to the Plaintiff’s duty, taking into account that the Plaintiff continued to carry out the work of causing heavy goods for a period exceeding seven years at the instant business establishment, and that the Plaintiff’s disease of this case was not yet age.

Therefore, the defendant's disposition of this case which did not recognize the proximate causal relation between the plaintiff's business branch of this case is unlawful.

Facts of recognition

After entering the instant workplace, the Plaintiff worked for 09:00 to 18:00 each week at the road repair workplace.

The plaintiff is from March to July first.