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(영문) 서울행정법원 2016.11.24 2015구단8926
최초요양급여불승인처분취소
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. The Plaintiff is a person who has been engaged in alcoholic beverage delivery business in Eul Food Co., Ltd. (hereinafter below, Non-Party Co., Ltd.). While serving for a long time in the Non-Party Company, the Plaintiff was engaged in an unreasonable operation, such as cutting off, unloading, or transporting alcoholic beverages boxes. On August 14, 2014, the Plaintiff asserted that the instant injury and disease occurred during the process of making a beer beer with weight of about 30 km, and filed an application for medical care benefits with the Defendant.

B. On December 23, 2014, the Defendant rendered a disposition that does not recognize the proximate causal relation with the instant wound as an occupational injury on the ground that it appears that the instant wound was caused by the vertebrate electric shock, which is an individual disease, and that it is difficult to recognize a proximate causal relation with the instant wound as an occupational injury (the instant disposition was conducted under the following).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 6, Eul evidence Nos. 2 and 3, purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion has been working for the non-party company for about 30 years, while carrying daily alcoholic beverage boxes on the vehicle and delivering them to the vehicle.

All of the above duties are the burden of the ethroids prescribed by the Industrial Accident Compensation Insurance Act. Accordingly, the instant disposition taken on the premise that the instant wound occurred on the wind, while the ethral change in spine was accelerated, while the work of unloading a box on August 14, 2014 was conducted on the ground that the instant wound occurred during the process of aging or that it constitutes a personal disease is unlawful.

B. The facts of recognition (1) The plaintiff, as B, was enrolled in the non-party company on September 12, 1985 and retired from office until March 1998. The plaintiff was re-entered on January 2, 199 and served until now.

The Plaintiff contained in the non-party company the soft, beer, and beer.

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