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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2016.06.23 2015구합5485
요양불승인처분취소
Text

1. Of the instant lawsuit, the part of the claim for revocation of the revocation of the medical care non-approval based on the injury and disease is dismissed.

2...

Reasons

1. Details of the disposition;

A. From May 10, 1974 to May 15, 1978, the Plaintiff (BB and male) worked for the Gangwon coal mine Co., Ltd. (hereinafter “Non-Party”) and was engaged in the operation of digging for one year from the retirement of the Plaintiff, and then engaged in the operation of cargo trucks for one year in Korea. From December 7, 1992 to February 9, 193, the Plaintiff (B and male) was driving a taxi for six months in total from March 8, 1993 to July 11, 1993, and was driving a village bus for four years thereafter.

B. On December 25, 2012, the Plaintiff was diagnosed of waste cancer (i.e., sampling, hysium, and sysium) due to a main disease, and chronic closed diseases due to an injury (hereinafter referred to as “pymum cancer and chronic closed diseases”) and pneumoconiosis (hereinafter referred to as “second injury disease”).

C. On August 13, 2013, the Plaintiff filed an application for medical care benefits with the Defendant on the ground that he/she applied for the first and second sick disease. However, on October 21, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “the period during which the Plaintiff was exposed to hazardous substances is short and accumulated so that it cannot be recognized as a disease due to occupational illness” (hereinafter “instant disposition”).

On December 10, 2014, the Plaintiff filed a petition for review seeking revocation of the instant disposition against the Defendant. However, the Defendant dismissed the said petition on February 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, 8, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion Nos. 1 and 2 are as follows: (a) while the Plaintiff engaged in digging work for a period of four years at the non-party company, the Plaintiff is driving a mid-term period of one year at Saudi Arabia; (b) exposed to harmful substances such as dust, diesel materials, etc. during five years and six months in the Republic of Korea, such as truck, taxi, village bus, etc.; and (c) the Plaintiff’s work at the first and second branches and above the natural progress.

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