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(영문) 대구지방법원 2018.09.14 2017구단11263
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. The Plaintiff is a person who, from December 26, 2014, provided the supply support and auxiliary services to B Co., Ltd. (hereinafter “Nonindicted Company”).

B. On April 8, 2015, at around 09:30, the Plaintiff filed an application for medical care benefits with the Defendant on December 5, 2016, on the ground that: (a) the Plaintiff had a part to be separated for the brupt C in the place of business of the non-party company, and had a pipe of a sudden brush, and was sent back to the hospital, on the ground that he/she was diagnosed with cerebrovascular, Empha, Empha, and Emphia (hereinafter “applicant’s disease”).

C. On March 9, 2017, the Defendant issued a disposition of non-approval of medical care (hereinafter “instant disposition”) based on the result of deliberation by the Occupational Disease Determination Committee that “The applicant’s disease is determined by the natural progress of an existing disease due to personal risk factors rather than by the Plaintiff’s occupational factor. Therefore, proximate causal relation between the Plaintiff’s work and the applicant’s disease is not recognized” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On December 26, 2014, the Plaintiff asserted that he/she re-entered the non-party company, which had worked in the past (from April 28, 2009 to December 31, 2013) and worked mainly at the construction site of the Eheat Treatment Plant Construction Corporation located in the company as the above company performed at the construction site of the company. At the construction site, the Plaintiff was instructed to go to the department, such as continuing to work outside for more than three months at the construction site, continuously exposed to the drilling, and making an extension work for frequent remaining business.

In particular, at the time of the outbreak, the above construction site was almost left alone to dispose of and clean up the materials moved to the head office. At the time of the outbreak, the pipe siren was flicked to do so to divers decomposition work on the day of the outbreak, but the fee was A.g., the fee.

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