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(영문) 부산지방법원 2015.09.09 2014구단1172
장애급여부지급취소청구의소
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 was subject to occupational accidents on December 30, 2008 due to the fall of the safety launch plate (hereinafter “the instant disaster”) while disposing of cement retaining wall at the construction site of the cement plant, KGBK, and obtained approval for medical care from the Defendant for “the co-ordination of the instant disaster” (hereinafter “approval injury”).

B. On January 19, 2009, the Plaintiff undergone a re-operation on September 19, 2009 with a fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor, and was carried out on December 2, 209

C. On October 20, 2009, the Plaintiff filed an application for additional sickness with respect to “influencies in the side of the inside and outside of the Republic of Korea” on May 16, 201, but the Defendant rendered a disposition of non-approval of each of the above applications.

After closing the medical care on April 13, 2012, the Plaintiff applied for disability benefits to the Defendant on July 9, 2013. However, on August 8, 2013, the Defendant rendered a disposition not to approve the said disability benefits application (hereinafter “instant disposition”) to the Plaintiff according to medical opinion that “the scope of movement on the left side is 70 degrees, but there is no causation between the approved branch and the approved branch” (hereinafter “instant disposition”).

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion had no level of external wounds on the left side of the instant disaster, and had no choice but to operate kneee as the state of accident gets worse after the disaster.

Therefore, the defendant's disposition of this case, which was based on different premise, should be revoked because there was a causal relationship between the disaster of this case and the slot field.

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