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(영문) 창원지방법원 2017.04.25 2014구단718

요양일부불승인처분취소

Text

1. The Defendant’s disposition to grant medical care benefits to the Plaintiff on December 20, 2013 is revoked.

2...

Reasons

1. On June 25, 1987, the Plaintiff entered Hyundai item Co., Ltd. and used paints from November 1, 1990 to carry out the work of painting with the electric car, etc. Around October 23, 2012, the Plaintiff was diagnosed as a malicious black type, such as the right side, and was diagnosed by Seoul National University Hospital on January 25, 2013.

On June 7, 2013, the Plaintiff filed an application with the Defendant for medical care benefits for the injury and disease alleged that the injury and disease was caused by exposure to harmful substances in the course of performing painting duties. On December 20, 2013, the Defendant approved the application for medical care benefits on the ground that the occurrence of chronic exposure to substances handled in the course of performing painting duties was caused by the chronic exposure to substances handled in the course of performing painting duties. On the other hand, with respect to the malicious black species, the Plaintiff denied the application for medical care benefits on the ground that proximate causal link between the malicious black species and the business was not acknowledged, on the ground that the degree of exposure of substances handled in the course of performing painting duties is very low.

(hereinafter the part for which the application for medical care benefits for malicious black species was not approved is "the disposition of this case"). / [Grounds for recognition] Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. Since the Plaintiff’s assertion was exposed to harmful substances in the course of performing his/her duties for a long time, and a malicious black paper occurs, there is a proximate causal relationship between the Plaintiff’s malicious black paper and his/her duties, and the instant disposition taken by deeming otherwise is unlawful.

B. Facts 1) From May 1980 to May 1, 1980, the Plaintiff, including the Plaintiff’s contents, had been engaged in shocking works, which are related to seals, from the place of business of C, etc., and had been engaged in painting work, which is related to seals, around June 1987 by entering Hyundai item corporation, while conducting painting work, which is related to seals, from November 1, 1990. The Plaintiff prepared paints and prepared books (both).