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(영문) 서울행정법원 2015.09.25 2014구단7506 (1)

상병명변경승인처분취소

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;

가. 원고는 충북 음성군 B 소재 4층 다세대주택신축공사현장에서 형틀목공으로 근무하던 중 2012. 12. 10. 15:30경 위 공사현장에서 눈을 치우고 폼을 들어 옮기는 과정에서 미끄러지면서 엉덩방아를 찧은 사고(이하 ‘이 사건 사고’라 한다)를 당하여 ‘세균성 척추 관절염(이하 ’이 사건 상병‘이라 한다)‘으로 진단받았다는 이유로 2013. 5. 10. 피고에게 요양신청을 하였다.

B. On June 27, 2013, the Defendant rendered a decision on June 27, 2013 on the following: (a) there was no causal relationship with the instant accident due to the king; and (b) according to the doctor’s medical opinion that the causal relationship with the instant accident is recognized, the Defendant granted no medical care for the instant injury; and (c) granted approval for the modification of the “beeatum” for the instant injury.

(C) The non-approval decision of the injury or disease of this case (hereinafter “instant disposition”).

The plaintiff is dissatisfied with this and filed a request for examination and a request for reexamination, but all of them were dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the instant injury was not a king, but a proximate causal relation is acknowledged between the instant injury and the instant accident, since the instant injury was caused by the contamination of the bruth or the bruth during the treatment of the crupt salted base due to the instant accident.

Therefore, the instant disposition on a different premise is unlawful.

B. (1) Determination of the Industrial Accident Compensation Insurance Act refers to the injury, disease, disability or death of an employee due to an occupational reason, and for recognition of an occupational accident as a result of an occupational accident, there must be a proximate causal link between the occupational accident and the occupational accident. In this case, the causal link between the worker's accident and the occupational accident is required.