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(영문) 서울행정법원 2015.08.28 2015구단1574

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 February 28, 1994, the Plaintiff, who was employed in the Korea Coal Corporation and worked as an assistant to B in the Mining Center, was diagnosed on September 17, 2013, on the part of the Defendant, on the ground that the instant injury was caused by his/her duties and applied for medical care benefits to the Defendant.

B. On December 4, 2013, the Defendant rendered a disposition not to grant medical treatment (hereinafter “instant disposition”) against the Plaintiff on the ground that “The Plaintiff’s opinion of nuclear escape is not serious compared to the same age group according to the Plaintiff’s video data outcome, and in light of its duty, it appears that it does not require excessive burden and reliance on the trend, and that it constitutes a disease that occurs as an individual as an individual regardless of his duty, and thus, it is difficult to view that there is a proximate causal relation with his duty.”

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 8 and 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff worked in a mine for 18 years and worked in a very natural environment that imposes a burden on the light of the light, and there were many cases where the wound in a mine is faced with a ceiling due to low and narrow height in the pit, and thus, the measure of this case which did not recognize a proximate causal relation with the work of the wound in this case is unlawful, notwithstanding that the wound in this case was caused by work.

B. (1) On February 28, 1994, the Plaintiff joined the Korea Coal Corporation and worked as a coal assistant in the B Mining Complex, while performing the works for ceiling, blasting, blasting, blasting, and blasting coal treatment, and the works for prop construction, and performed props construction, etc.

(2) The Plaintiff’s work hours are 07:50 to 17:00, and the actual work hours at the workplace in the pits were 4:20 to 40 minutes, and the actual work hours at the workplace were 4:4 hours and 40 minutes, and the hours of use, such as champers and arbalests.