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(영문) 서울행정법원 2018.03.16 2017구단71263

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;

A. From February 2, 2016, the Plaintiff is a person who served as a maintenance worker in a company B.

B. On May 24, 2016, the Plaintiff saw that there was pains on the part of the Huuri-ri, while correcting even the vehicle’s door in the maintenance room located in the business place of the company B, and thereafter, the pains came out to the right bridge.

Accordingly, the plaintiff was provided with medical treatment for the outside medical clinic, etc., but the symptoms were not shown.

C. The plaintiff was above B.

On November 15, 2016, the Defendant applied for medical care benefits to the Defendant on the ground that the instant injury was not diagnosed as well as that there was no proximate causal link between the work and the fact that the instant injury was not caused due to occupational accidents, such as the entry in the port, and that there was no medical care non-approval (hereinafter “instant disposition”).

[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. It is evident that the instant injury and disease was diagnosed at multiple hospitals where the Plaintiff claimed for medical treatment, and that the instant injury and disease occurred when the Plaintiff worked in unstable conditions for several years due to maintenance services. Therefore, there is a proximate causal relation between the Plaintiff and his duties.

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

B. In light of the judgment, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the instant injury or disease occurred to the Plaintiff, and there is no other evidence to prove otherwise.

Rather, considering the result of the court’s entrustment of the medical record appraisal to the head of Korea University Ansan Hospital, considering the overall purport of the pleadings in light of the result of the fact inquiry to the head of Korea University Ansan Hospital, the Plaintiff’s nephical disease (other names: the nephismism, disease code: e.g., Ma54.1) occurred, and the nephism disease code of this case: