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(영문) 창원지방법원 2019.11.27 2018구단11761
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of disposition;

A. On August 29, 2017, the Plaintiff applied for the approval of the medical care on the ground that “the Plaintiff, as a result of its duties, caused the instant injury and disease” to the Defendant on the ground that “the Plaintiff, as a result of its duties, caused the thirical stoves from the outer half of the right stong section, and from the 3-4, 4-5, and 5-1,000 conical signboards escape certificates (hereinafter collectively referred to

B. On December 13, 2017, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that “The Plaintiff may partially verify the burden of knee and knee due to the handling of heavy goods, etc., but the applicant’s disease is not recognized or the causal relationship between the outbreak of the instant injury and the work is not recognized.”

C. On January 26, 2018, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee. However, a ruling dismissing the Plaintiff’s request was rendered on May 11, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion has been in charge of the operation and contact work for a long time, and such work constitutes a physical burden duty, but the disposition of this case which held that there is no causation between the operation and the business of this case is unlawful.

B. (1) Determination (1) In order to become an occupational accident under Article 4 subparag. 1 of the Industrial Accident Compensation Insurance Act, there must be a causal relationship between the occupational and the disease. However, if the main cause of the disease was not directly related to the performance of the duties and the occupational road, etc. overlaps with the main cause of the disease and causes or worsens the disease, the causal relationship should be deemed to exist.

The causal relationship is not necessarily required to be proved clearly by medical or natural science, but it should be viewed that there is a proof if there is a proximate causal relationship between business and disease in consideration of all circumstances.

Supreme Court Decision 201Da1448 delivered on July 27, 2001

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