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(영문) 대전고등법원 2014.12.11 2014누586

요양불승인처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On June 22, 2009, the Plaintiff is an employee who entered the Hyundai Steel Co., Ltd. (hereinafter “Modern Steel”) and worked as a person in charge of the eronom LF (Seoul) process at the Hyundai Steel Co., Ltd. (hereinafter “Modern Steel”).

B. On June 13, 2012, the Plaintiff filed an application for medical care benefits with the Defendant, stating that “one vacancy occurs at the workplace, and 48 hours in April 2012, and 83 hours in May 21, 2012, the Plaintiff completed his/her duties on May 21, 2012, and received a diagnosis at the hospital because he/she was unable to suffer a pain on his/her home after his/her retirement and after his/her retirement, due to the lack of his/her condition after his/her retirement,” accompanied by a written opinion of the first medical examination against the left-hand side (hereinafter “the disease of this case”).

C. On August 16, 2012, the Defendant rendered medical care benefit non-approval (hereinafter “instant disposition”) on the ground that “The Plaintiff, while working in a highly temperature work environment, has been accumulated due to cumulative extension work (or four hours a day) while performing the extended work (or four hours a day), but no objective fact has been verified to recognize that the disease occurred in connection with the work or the working environment of the instant case, and medically, after the outbreak transfer of the disease occurred, the symptoms were deemed to have occurred after the outbreak transfer of the disease, and the outbreak causes of the disease in the instant case are presumed to have been presumed to have occurred. However, since it is difficult to find objective grounds to recognize the relationship with the exposure to physical or mental stress or drilling, it is difficult to find proximate causal relation with the work of the instant injury.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 is the Hanjin Factory of Hyundai Steel.