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(영문) 서울행정법원 2017.10.12 2017구단56943
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. From June 7, 1980, the Plaintiff is working as the chip acid in the Korea Coal Corporation Korea Coal Corporation and the Korea Coal Corporation.

After retirement from Korea University Medical Center on May 15, 2014, on June 2, 2016, Korea University Medical Center (hereinafter “Korea University Medical Center Medical Center”) diagnosed “damage to the power lines of neighboring land gir belts, the left-hand shoulder (hereinafter “instant injury”)”, and applied for medical care benefits to the Defendant on June 22, 2016.

B. On August 19, 2016, the Defendant rendered a decision not to grant approval (hereinafter “instant disposition”) to the Plaintiff in accordance with the result of deliberation by the Seoul Occupational Disease Determination Committee, stating that “the Plaintiff was engaged in the mining station for about 33 years and 11 months, and it is difficult to objectively recognize that the Plaintiff was engaged in the mining station as the marbane for about 33 years and 11 months, but it is difficult to recognize the power line damage due to the lack of the state of the RI’s injury. Although the shoulder bears the responsibility, it is difficult to recognize the proximate causal relation between the instant work and the instant injury and disease as the opinion that can be seen to be compared

C. The Plaintiff filed a request for review with the Defendant, but the Defendant decided to dismiss on October 20, 2016, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the request on December 28, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the strong vibration affects the upper and the shoulder by using the vibration tools such as the pit air and the call graphics for more than four hours a day, repeated actions that force the strong vibration on the upper and the shoulder of this case, which led to a gap on the upper and the shoulder of this case, a gap on the upper and the shoulder of this case, spreading a shoulder string and using an excessive fluoring force by inserting the heavy material such as the sn beam beam, etc. on the shoulder and moving and constructing it into the shoulder, and fluoring it on the shoulder due to fire-fighting work.

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