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(영문) 서울행정법원 2016.02.17 2015구단9561

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 October 23, 2014, at around 14:00, the Plaintiff was diagnosed as “SKV1 Center located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul (hereinafter “instant accident”), and was diagnosed as having gone beyond and go beyond the mar while working as a stone hole (hereinafter “instant accident”), “the 4-5 trends and 5 pages - the 1,000 memorial signboard escape certificate (hereinafter “the instant injury”).”

B. On December 29, 2014, the Plaintiff filed an application with the Defendant for medical care benefits for the instant injury, but the Defendant did not approve the application on April 14, 2015 on the ground that there was no proximate causal link between the instant injury and disease’s work due to chronic chronic renal disease, not acute.

(hereinafter referred to as the "disposition in this case"). 【No dispute exists concerning the disposition in this case, Gap evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the injury or disease in this case occurred due to the accident in this case, or the existing disease rapidly aggravated beyond natural progress due to the accident in this case, and thus, the injury or disease in this case suffered by the Plaintiff constitutes occupational accident.

B. 1) Construction site work and work contents, working hours, and the Plaintiff performed the greing of brick stones at a height of about 60cm from the floor to the height of about 60cm. The Plaintiff deemed the stone transported by the stone auxiliary fixtures as both hand and transported approximately 10 meters within and above the boundary of about 30 to 60cm, and average of about 30 meters per day the first greing of brick stones was added from the floor at a height of about 30 to 30cm from the floor. Furthermore, the Plaintiff was at the age of 55 at the time of the outbreak of the instant injury.

The Plaintiff was treated on 54 occasions between December 20, 2006 and October 8, 2008 by the medical clinic, etc. of Canesthesia pain medicine, etc., accompanied by the nephal ppuri disease certificate, and other congrative and other congrative signboards disorders accompanied by the nephical ppuri disease certificate, and the Plaintiff was treated as follows. < Amended by Presidential Decree No. 22500, Dec. 24, 2010>