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(영문) 서울행정법원 2018.11.15 2018구단68363

업무상상병불승인처분취소

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1. On August 2, 2018, the part of the Defendant’s disposition of approval for the occupational injury and disease that the Defendant rendered to the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. At around 6:00 on July 29, 2014, the Plaintiff: (a) applied for medical care benefits to the Defendant; (b) applied for the medical care benefits to the Defendant on the ground of the traffic accident that occurred while getting on and off vans provided by the development of B human resources, a human resources presentation company (hereinafter “instant accident”); (c) 2-3-4-12, 4-5, 4-5, 5-6, 5-6, fluoral-6, fluoral fluor, and fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral (hereinafter “the instant accident”); and (d) applied for the medical care benefits to the Defendant; and (d) applied for the medical care benefits from the Defendant’s 10th fluoral fluoral fluoral fluoral fal f.

B. On August 2, 2018, the Defendant rendered a non-approval decision (hereinafter “instant disposition”) to the Plaintiff on the basis of the result of the Defendant’s advisory doctor’s consultation.

[Ground of recognition] The evidence Nos. 1, 5, 9, Eul's evidence No. 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the Plaintiff’s assertion’s opinion, even if proximate causal relation is recognized between the instant accident and the injury and disease of the instant case, the Defendant’s disposition taken on a different premise is unlawful.

B. The facts of recognition 1) The details of the instant accident and the major treatment details related to the instant injury and disease A) the Plaintiff was diagnosed with the injury and disease of this case at the hospital due to the instant accident, where the Plaintiff was on July 29, 2014, and was on the duty to work after getting on and off the passenger car provided by the development of B human resources around 6:00.

B) On July 29, 2014, immediately after the instant accident, the Plaintiff: (a) a medical corporation on July 29, 2014; (b) a luminous hospital (hereinafter