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(영문) 서울행정법원 2016.02.26 2015구단53766

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 March 1, 1997, the Plaintiff became a member of the Daewoo Shipbuilding Marine Co., Ltd. (hereinafter “Nonindicted Company”) and was engaged in the work, such as automatic contact, production of PUMP MAS service, fork driving, and CNC Racer cutting, etc. On July 6, 2013, the Plaintiff: (a) was diagnosed on the Mack MaI test at the Macksan Hospital with a Macrops escape certificate (hereinafter “the instant injury and disease”) and applied for medical care benefits to the Defendant. The Defendant’s medical records and survey data (disaster history and work history) was low causation between the work and the disease; and (b) was low in relation to the duty to bear of the work on the grounds that the frequency of the work on the 14:00 on July 6, 2013 is low; and (c) was found to have low relevance to the work on the 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was caused by the Plaintiff’s repeated performance of duties that may be borne on a wooden part in a narrow space for at least 18 years, and thus, the instant disposition made on a different premise by the Defendant is unlawful, notwithstanding the existence of proximate causal relation with the duties.

B. The facts of recognition (1) The Plaintiff entered the non-party company on March 1, 1997 and performed the work such as automatic contact, production of PUMP MAS, fork driving, and cutting CNC Rabs.

② Work in charge by work period - From March 1997 to August 2004: SEAM automatic contact, PUMPMAS production - from August 2004 to November 2006: from November 2006, the driver’s license holder - the driver’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license holder’s license