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(영문) 수원지방법원 2017.03.10 2016구단111

요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) From June 4, 2015, the Plaintiff worked as the pipe B, a subcontractor of the said company, at the “Hanam CHPJECT” site. On April 22, 2015, the radiation emitting has occurred without the left-hand side after work, and applied for medical care benefits and care benefits under the Industrial Accident Compensation Insurance Act, under the diagnosis of the “PPJECT No. 4-5 in the medical institution on April 30, 2015,” and the Plaintiff applied for medical care benefits and care benefits under the Industrial Accident Compensation Insurance Act.

B. On August 18, 2015, the Defendant rendered a disposition not to grant medical treatment to the Plaintiff on the ground that “A pipeline hole with no confirmation of the circumstances leading up to a disaster, observe the net burden, such as handling heavy goods, but the period of service in pipings is relatively short, and the previous occupational power is deemed not high, and it is difficult to recognize a proximate causal relation with the work as a facility business owner,” and thus, it is difficult to recognize a proximate causal relation with the work.

Consolidated Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, and the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s request for reexamination on October 22, 2015.

【Facts without dispute over the grounds for recognition, Gap 3, 6 evidence, Eul 4, the purport of the whole pleadings

2. (i) The occupational accident under the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee’s performance of his/her duties, and thus there is a causal relationship between the business and the disaster. Even if the accident is an existing disease not directly related to his/her duties, if it becomes worse or its symptoms occur due to an accident, etc. which occurred in connection with his/her duties, the causal relationship between his/her duties shall be deemed to exist, and if the aggravated part is deemed to exist, and the symptoms are fixed without being restored to the state before the aggravation or aggravation, the cause may be treated as an occupational accident until the symptoms are fixed.