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(영문) 창원지방법원 2019.01.09 2018구단761

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. On January 30, 2018, the Plaintiff filed an application for medical care benefits with the Defendant on the ground that “The Plaintiff, on December 3, 2017, sustained the right-hand knee part of the civil construction works for the installation of machinery at the factory of the automobile parts, she applied for medical care benefits on the ground that: (a) the Plaintiff suffered knee-free knee-free knee-free knee-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mae-mane (hereinafter collectively referred to as “the instant injury”).

B. Accordingly, on March 29, 2018, the Defendant rendered a disposition to grant medical care non-approval (hereinafter “instant disposition”) to the Plaintiff on the ground that “on the ground that “on the part of the Plaintiff, knenee-shne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-hne-

C. The Plaintiff appealed and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but a ruling dismissing the Plaintiff’s request was rendered on July 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is recognized as the occurrence of the instant injury, and as at the time of the accident, the instant injury occurred due to the occurrence of the instant injury by causing a sudden drope to the right-hand knee. However, even if proximate causal relation is recognized between the instant injury branch and the instant injury branch, the instant disposition was unlawful.

(b) Determination (1) In order to be recognized as a disaster caused by an occupational reason under the Industrial Accident Insurance Act, there must be a proximate causal relationship between the work and the accident, as well as the work performed, in addition to the work performed, and in this case the work and the accident of the worker