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(영문) 서울행정법원 2014.07.17 2013구단55645

추가상병불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On December 17, 2012, the Plaintiff, as the Director at the Construction Site of New Construction Co., Ltd., the Plaintiff: (a) was sent back to an emergency due to an hydian pain; and (b) obtained approval for medical care on January 14, 2013 for “a hydale and tensions”; (c) on January 22, 2013, the Plaintiff omitted the “hydle 4-5 Pydle gym mar fever” (hereinafter “the instant injury and disease”); and (d) filed an application for approval of additional injury and disease under the said part.

B. On February 1, 2013, the Defendant rendered a disposition of non-approval on the ground that the instant sick person appears to be a chronic disease. The Plaintiff appealed thereto and filed a request for an examination and reexamination, but received a decision of dismissal on April 29, 2013 and September 12, 2013.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 3 (including family number; hereinafter the same shall apply), Eul evidence 1, and the purport of whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff had been engaged in normal work without a documentary evidence on the part of the main body of the defendant, and the doctor's opinion that the disease in this case is acute, and the change of the plaintiff's departure from the main body of the defendant was insignificant to the extent that it does not interfere with daily work, and the change of the plaintiff's departure from the main body of the defendant sharply aggravated during work. Thus, the defendant's disposition that deemed the above disease was merely an sediative disease unrelated to his work is unlawful.

B. (1) The "occupational accident" under the Industrial Accident Compensation Insurance Act refers to the injury, disease, disability or death of an employee due to an occupational reason, and in order to be recognized as a occupational accident, there should be a proximate causal relationship between the occupational accident and the accident as the accident occurred due to the occupational reason. The existence of a causal relationship shall be determined based on the health and physical conditions of the employee concerned, not on the average person, but on the basis of the average person's health and physical condition, and the degree of proof of a causal relationship shall not be clearly proved by medical or natural science.