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(영문) 대구지방법원 2017.06.23 2016구단10812

요양불승인처분 취소청구의 소

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. From May 2, 1963 to September 31, 1972, the Korea Coal Corporation was an employee working in the Seongbuk Mining Center. On July 9, 2015, the Plaintiff filed an application for medical care benefits by asserting that the Plaintiff was exposed to dust for a long time while engaging in the work of coal, etc., and that the “explic pulmonary pulmonary disease” occurred (hereinafter “the instant injury”).

B. On March 14, 2016, the Defendant issued a non-approval of medical care on the ground that there is no proximate causal relation between the instant work branches and the instant work period on the ground that the period of work inside a mine, such as coal, was four years and three months, and the remaining five years and two months were not high by performing a fixed operation outside a mine, etc., and thus, the remaining five years and two months were not high.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The entry in Gap’s Evidence 1, 2, and Eul’s Evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he worked for five years and two months for a fixed-term operator, other than a fixed-term operator, to change his occupation, but most of the above duties entered the pit and repaired machinery, etc., and continued to be exposed to dust during the above period.

As such, the Plaintiff suffered from the injury and disease of this case while engaging in long-term work for a period of nine years and five months, the disposition of this case, which approved the non-approval of medical care, is unlawful.

B. The following facts can be acknowledged in full view of the evidence before the facts of recognition, Gap evidence Nos. 3, 4, Eul evidence Nos. 2, and 4 through 7, and the purport of the entire argument as a result of the physical examination commissioned by the Head of the Gyeongbuk University Hospital Hospital in this Court.

1) On May 2, 1963, the Korea Coal Corporation joined the Sung Mining Center, and four years and three months until July 15, 1967, and five years and two months from the following day to September 31, 1972, respectively, worked as an operator of a fixed aircraft outside the port. 2) The Plaintiff smoke for about 50 years a day.