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(영문) 서울행정법원 2016.10.28 2015구단55816
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 1, 1982 to March 31, 2008, the Plaintiff was a person retired from the Korea Coal Corporation’s B Mining Complex as a pre-paid worker, and the Plaintiff was diagnosed by the Han National University Hospital on November 20, 2014 (hereinafter “the instant injury”). The Plaintiff filed an application for medical care benefits with the Defendant after receiving a diagnosis of the “YUD Empid Empid Empid Co., Ltd.” (hereinafter “the instant injury”).

B. On March 17, 2015, the Defendant issued a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff, based on the results of deliberation by the Occupational Disease Determination Committee, that “it is difficult to recognize the Plaintiff as a business-related injury and disease in light of the fact that the Plaintiff performed a business using the vibration tools for a long time, but the diagnosis of the instant injury and disease is not verified in the medical record, and that the injury and disease occurred after the lapse of the extended period after retirement from the business using the vibration tools.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was exposed to severe vibration in the process of mining operations, while 25 years or more at the Korea Coal Corporation B Mining Center, and both sides were exposed to severe vibrations in the process of mining operations, and the plaintiff suffered symptoms such as low kin and color change in the process of performing his duties in the cold and frozen environment in the mine. On November 20, 2014, the plaintiff was diagnosed as the disease of this case through a close inspection at the Gag National University Hospital. The disease of this case constitutes an occupational accident, and the disposition of this case on the different premise of the defendant is unlawful.

B. According to the evidence evidence Nos. 4, 5, 8, and 11, and evidence Nos. 1, the Plaintiff used clific and other vibration machinery while working in coal mines for a long time, and the use of clific and other vibration machinery for a long time may cause the injury and disease of this case. The Plaintiff’s opinion on clific and radic blood transfusion in the physical examination conducted at the National University Hospital on November 20, 2014.

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