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(영문) 서울행정법원 2014.07.24 2013구단50336

요양불승인처분취소

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1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on December 6, 2012 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of disposition;

A. On October 1, 2007, the Plaintiff conducted assembly work at the top of the modern Automobile B Factory Co., Ltd. (hereinafter “former Motor Vehicle”). On July 26, 2012, the Plaintiff conducted a close inspection of the occurrence of serious pains on the left shoulder (hereinafter “instant accident”) while performing the work of “wast” as a net value around July 14:00, the Plaintiff was diagnosed as “the front and rear damage to the front and rear left shoulder” (hereinafter “the instant injury”). On November 21, 2012, the Plaintiff claimed occupational accidents and filed an application for medical care benefits with the Defendant.

B. On December 6, 2012, the Defendant confirmed the instant injury and disease’s opinion, but issued a non-approval disposition (hereinafter “instant disposition”) on the ground that the Plaintiff’s work experience is short, and the Plaintiff’s work is not a work that imposes a burden on the left-hand buyer to the degree that the tolerance and order in the field of the dog are spreading.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 3 and 4 (including each number, hereinafter the same shall apply), the purport of the whole pleading

2. Whether the disposition is lawful;

A. Under the Industrial Accident Compensation Insurance Act, the term "occupational accident" refers to an accident caused by an employee's performance of his/her duties, and there is a causal link between the business and the disaster. However, even if the accident is an existing disease not directly related to his/her duties, if it becomes worse or becomes worse due to an accident, etc. which occurred in connection with his/her duties, the causal relation between his/her duties shall be deemed to exist, and if the aggravated part is not restored or aggravated, and symptoms are fixed, it shall be treated as an occupational accident until the symptoms are fixed, and the causal relation shall not be proved by medical, natural and scientific evidence, but shall be proved by the worker's health condition at the time of his/her employment, the background of the occurrence, and the disease.