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(영문) 대구지방법원 2013.08.23 2013구단159
요양급여불승인처분취소
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. On March 5, 2012, the Plaintiff was employed at the B Resident Center at Port on March 5, 2012 as a simple labor worker in a community-based business, and served until June 8, 2012.

B. The Plaintiff filed an application for medical care benefits with the Defendant on June 12, 2012, on the ground that he/she sustained occupational accidents of “Plag escape certificates and marity (hereinafter “the instant injury and disease”) between 2-3 times in the process of repeatedly transporting heavy goods, which are heavy in weight, during the said work period.”

C. Accordingly, on August 9, 2012, the Defendant rendered a disposition of medical care benefit payment (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the Plaintiff’s work branch and the instant trade branch.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff, alone during the above service period, carried 20 to 30 kms equivalent to garbage, trees, butts, vinyls, glass bottles, and soil, etc. on Liaa while carrying them up to the road, and repeated work that imposes heavy burden on Lia while imposing heavy burden on Lia. In light of the fact that the disease of this case occurred in the course of performing the above service, the disease of this case is in proximate causal relation with the performance of the plaintiff's duty.

The defendant's disposition of this case in this different purport is unlawful.

B. The "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to the worker's injury, disease, physical disability or death caused by his/her occupational accident during the performance of his/her duties, so there should be causation between the occupational accident and the disaster, and it should be proved by the claimant.

However, according to the result of the court's physical examination commission on the director of the Daegu University Hospital, the appraisal is accompanied by the RoI Madal disease on June 8, 2012 against the plaintiff, which is more than a minimum number of months.

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