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(영문) 서울행정법원 2020.07.02 2019구단58639
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. On March 20, 2018, the Plaintiff (BB) was an employee of C Co., Ltd. (hereinafter “instant workplace”) and applied for medical care benefits to the Defendant upon the diagnosis of “the extremely full-time and part-time salt and part-time salt due to the extreme de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de

B. On August 16, 2018, the Defendant rendered to the Plaintiff a disposition not to grant medical care (hereinafter “instant disposition”) based on the results of deliberation by the Occupational Disease Determination Committee as follows.

As a result of reviewing the submitted data, video data, etc., it is confirmed that there is a minor satise and partial satise in the MDR on both sides.

Although the Plaintiff’s duty burden on both sides in the course of conducting carbon and laundry operations is recognized to a certain extent, it is difficult to deem that the injury or disease occurred due to the Plaintiff’s performance of his/her duties in the previous mining establishment after the time of diagnosis of the injury or disease has expired for a considerable period after the Plaintiff’s retirement from the mining establishment. Even if the Plaintiff’s laundry change in the Plaintiff’s field, it is difficult to see that there is a proximate causal relation between the work and the injury or disease as it is difficult to view that

C. The Plaintiff appealed and filed a request for reexamination with the Industrial Accident Compensation Insurance Review Committee, but the Industrial Accident Compensation Insurance Review Committee dismissed the Plaintiff’s request for reexamination on January 4, 2019.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the physical burden has been accumulated by performing repeatedly the work that imposes a burden on the shoulder part while working as a source of carbon and laundry at a large mining center in 26 years, which led to the occurrence of the instant injury or aggravation of nature beyond the natural progress.

Therefore, the main sentence of this case is the same.

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