요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 9, 2009, the Plaintiff became a member of the Company B and worked in charge of the process of treating medicines for automobile parts. On October 20, 2015, the Plaintiff filed an application for medical care benefits with the Defendant, asserting that “In the course of work, the face and body part of the smoke caused by medicine was contacted (hereinafter “the instant injury”).
B. On March 21, 2016, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “The result of the measurement of the working environment of washing process is lower than the standard for exposure to chemical substances, and the instant wound is an individual disease caused by immunological or higher level, and there is no proximate causal relation with the working environment.”
C. On July 28, 2016, the Plaintiff filed a request for review with the Industrial Accident Compensation Insurance Reexamination Committee, but a ruling dismissing the Plaintiff’s request was issued.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 17, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion that the disease of this case occurred due to mental or physical stress, harmful chemical substance depression, etc., and the disposition of this case denying business relevance is unlawful.
B. (1) The "occupational accident" referred to in Article 4 subparagraph 1 of the Industrial Accident Compensation Insurance Act means the injury, disease, physical disability or death of an employee who was caused by his/her duties during the performance of his/her duties. Thus, there should be causation between his/her duties and the occurrence of the disaster, and the method and degree of proof must be proved by direct evidence. The method and degree of proof must not be clearly proved by direct evidence, but must be clearly proved by the medical and natural science at the time of employment based on the health and physical conditions of the employee in question, and work at the same workplace.