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(영문) 울산지방법원 2016.06.30 2015구합6730
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 worker who joined C (hereinafter “C”) operated by B on April 2, 2012 and has served as an employee with an entertainment.

B. On November 11, 2014, at around 09:00, the Plaintiff was working in C, and was sent back to E Hospital via D Hospital with severe two copies and stoves.

On the same day, the Plaintiff was diagnosed with cerebral dystrophism, cerebral dystrophism, cerebral dystrophism, and received emergency dystrophism, hystrophism, etc.

C. On March 17, 2015, at a F Hospital, the Plaintiff was diagnosed as a brain dystrophism, cerebral dystrophism, cerebral dystrophism, brain transfusion, cerebral dystrophism, waste collection, island, and brain damage, and filed an application for medical care for the instant injury and disease with the Defendant.

On September 14, 2015, the Defendant rendered a disposition not to grant medical treatment on the ground that there is no proximate causal relation with the instant trade branch’s work.

(hereinafter referred to as the "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, 2, 6, Eul evidence No. 1 (including the number of each issue; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that he/she joined C with high blood pressure, etc., and entered C for about two years and seven months, respectively, reduced the excessive quality and fin residues of the business owner, and did not receive protective equipment, such as dustproof and air-proof rain, etc., and led to the accumulation of physical skin and mental stress by doing physical use in an inferior working environment without ventilation facilities. From January 2014, the Plaintiff’s duty burden was increased due to a vacancy.

Since the injury or disease of this case occurred due to the above physical and mental stress of the plaintiff, there is a proximate causal relation between the plaintiff's work and the occurrence of the injury or disease of this case.

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