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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 served in the 30-year APP, and around April 2017, the Plaintiff diagnosed “Top Dried and Epik Dried on the left side” (hereinafter “the injury of this case”) and applied for medical care benefits to the Defendant.
B. However, on August 8, 2017, the Defendant rendered a disposition to grant medical care non-approval (hereinafter “instant disposition”) to the Plaintiff according to the Seoul Occupational Disease Determination Committee that “the proximate causal relation between the instant superior branch and the Plaintiff’s business is not recognized” (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff worked in several mine places from March 5, 1984 to July 11, 2016, while performing duties, such as the president, the BOG, etc. In the process, the Plaintiff continued to use the vibration tools, such as cryp and graphics, and the cryp and insertings, etc., and thereby caused considerable shock on the shoulder part. However, the instant disposition on different premise was unlawful.
B. Determination 1) A’s occupational accident under the Industrial Accident Compensation Insurance Act refers to a disease caused by the worker’s occupational accident while performing his/her duties. Thus, there must be a causal relationship between the occupational and the disease. The causal relationship must be proved by the party asserting it. The causal relationship must not be explicitly proved in medical and natural science, but it should be able to be inferred in proximate causal relation between the occupational and the disease, taking into account all the circumstances (see, e.g., Supreme Court Decision 2001Du7725, Feb. 5, 2002) (see, e.g., Supreme Court Decision 2001Du7725, Feb. 5, 2002). According to the respective statements in the evidence No. 3, 4, 5, and 2, from March 5, 1984 to June 1, 192, from July 25, 1992 to June 27, 2008.