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(영문) 서울행정법원 2018.11.16 2017구단79311
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 September 20, 1984 to December 31, 2012, the Plaintiff served as a mining source in the commercial sub-mining center operated by Dong-dong, Inc.

B. The plaintiff is the above A.

The Defendant filed an application for medical care benefits with respect to the Defendant on May 25, 2017, on the ground that there was no proximate causal link between the occurrence of the above injury and the Plaintiff’s work, and thus, the Defendant rendered a disposition of refusal of medical care (hereinafter “instant disposition”) against the Plaintiff on May 25, 2017 on the ground that there was no proximate causal link between the occurrence of the injury and the Plaintiff’s work.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 2, and 4, Eul evidence 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has been conducted repeatedly while working in a long-term luminous part, which imposes a burden on the body of a shoulder, etc., and it is evident that the disease of this case was caused thereby.

Therefore, the instant disposition issued on a different premise is unlawful.

B. In light of the following circumstances, there is no dispute between the parties to the judgment, or there is no evidence to acknowledge a proximate causal relationship between the occurrence of the instant injury and the Plaintiff’s work, and there is no evidence to acknowledge otherwise, in view of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that there was a proximate causal relationship between the occurrence of the instant injury and the Plaintiff’s work, and there is no other evidence to prove otherwise.

The time when the plaintiff (B) was diagnosed as the injury and disease of this case (as of February 2017), when 4 years or more have passed since the date of birth, and when 58 years or more have passed since the date of birth.

The court's appraisal presented the following medical opinions:

In other words, the right angle is opened to the right line on the self-name image, but the right table is opened to the right line, and the right table is opened to the left.

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