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(영문) 서울고등법원 2019.04.03 2018누39609

요양불승인처분취소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reason why this part of the disposition is used by the court is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff continued to be exposed to a telegraphic vibration while working as an urban bus driver for about 10 years at the non-party company, and caused the instant injury and disease due to the accumulation of burden on the trend, such as plucking, plucking, etc. to verify passengers.

The Defendant’s disposition that did not recognize a proximate causal relation with his duties is unlawful, even though the Plaintiff’s injury or disease was caused by the Plaintiff’s performance of such duties or aggravated beyond the natural progress.

B. Facts of recognition 1) The Plaintiff served as an urban bus driver of the non-party company from February 4, 2006 as the Plaintiff from February 4, 2006.

The plaintiff worked on an average of 6 days a week, and the average working hours per day was 6 hours a day, and worked on a two-party system in which the plaintiff will work on a.m. or on a.m.

The city bus in charge of the plaintiff's driving had approximately 105 minutes of operation as a regular D bus operating in Gwangju Metropolitan City (Operational Route E-gu or Gwangju Mine District F), and the number of daily operation of the plaintiff was about 3.5 times on average ( approximately 3 times of work before the deadline, about 4 times of work at the P.M.).

B. On November 29, 2013, I Industrial Sanitation Engineer I belonging to H Hospital, and J conducted an investigation into the duty of care for the intra-city bus drivers belonging to the non-party company on the part of the non-party company on the part of the non-party company, and on the part of the duty, the harmful outline

With respect to persons, since they continue to change the speed of flag by urban bus driving, they repeatedly use the same flag, such as shoulder, arms, hand, etc.

I evaluated that it would be difficult to knee and knenee, because he/she has been seated for a long time to drive.

C. On April 22, 2016, the Plaintiff’s instant case.