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(영문) 서울행정법원 2020.11.27 2019구단69479

요양불승인처분취소

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On August 9, 2019, the Defendant’s notice of non-approval for the medical care rendered to the Plaintiff on August 9, 2019 on a semi-monthly basis.

Reasons

1. Details of the disposition;

A. On March 18, 1996, the Plaintiff joined the instant place of business (hereinafter “instant place of business”) and performed duties, such as melting, A/S management, charging-up line, charging-out line, and charging-out line.

B. On April 11, 2019, the Plaintiff asserted that “Y4/5 of the escape certificate of protruding signboards (L4/5), spin-in color (L4/5), vertebrode escape certificate (L5/S1), cheon-Jerode escape certificate (L5/S1), and the upper right slot,” by carrying out work bearing a burden on a long-term lue and kne-free side, occurred, and applied for medical care benefits to the Defendant on April 11, 2019.

C. The Defendant: “the Plaintiff is a person who has performed the business of employing the electric cables in the instant workplace for at least 23 years; the Plaintiff is a person who has been sitting in the upper her workplace and has been engaged in the business of familiarity or knenee with her well-time attitude or her knee with heavy objects; however, the Defendant rendered a decision on medical care not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on August 9, 2019 as a result of the deliberation by the Busan Committee for Determination of Occupational Diseases, on the ground that: (a) the applicant’s disease (L4/5), (b) is not a critical disease (L5/S1), (c) the spin-in escape card (L5/S1), and (d) the half-month frame in the right-hand slot; and (b) it is difficult to recognize a proximate causal relationship with the work of the applying branch.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was conducted in the instant workplace for about twenty-three (23) years, which led to the Plaintiff’s diagnosis of “Y4/5 (L4/5), Manenee-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-se-s

The above injury and disease are caused by the plaintiff's work or the change of the existing happiness has deteriorated beyond the natural progress.