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 March 15, 2018, the Plaintiff diagnosed Madiopulmonary Disease (hereinafter “instant injury”) and applied for medical care benefits to the Defendant on June 19, 2018.
B. On March 22, 2019, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff is deemed to have low cumulative scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sc
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff carried out the work of crushing and crushing for three months in coal mines, and collecting, transporting, and loading scrap iron for 11 years and seven months. The work environment was similar to the mine, and the personal protective equipment was not paid or the exhaust equipment was not used properly. Therefore, even if there was a proximate causal relation between the Plaintiff’s work and the injury and disease of this case, the Defendant’s disposition of this case on a different premise should be revoked unlawfully.
B. Determination 1) “Occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee’s occupational accident while performing his/her duties, and there is a proximate causal relation between his/her occupational and occupational accident. In such cases, the causal relation between the employee’s occupational and occupational accident should be attested by the assertion of such causal relation (see, e.g., Supreme Court Decision 2004Du8606, Oct. 27, 2004). Meanwhile, proximate causal relation is not necessarily required to be proved by direct evidence in medical and natural science, but is not necessarily required to be proved by medical and natural evidence, the health condition at the time of employment, existence of an existing disease, and engaged