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(영문) 서울행정법원 2020.06.04 2018구단77961
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 July 1, 2002, the Plaintiff (B) entered the Gangwon Islands Co., Ltd., Ltd., and has been engaged in the management of the annual president and the casino withstanding.

B. On January 5, 2018, the Plaintiff was diagnosed as “the superior control and mal order (hereinafter “the instant injury and disease”) on the part of the superior control and applied for medical care benefits to the Defendant on January 30, 2018.”

C. On October 11, 2018, the Defendant issued a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that the instant injury and disease was not found to have a proximate causal relation with his/her duties based on the result of the determination by the Occupational Disease Determination Committee as follows.

The plaintiff is objectively confirmed as having worked in casino with about 12 years, and the card game work and the guest room work were performed. However, due to the nature of the work, the guest room's recruitment is carried out intermittently for about 30 minutes a day, and a shoulder work is not carried out in the action dealing with the card, and in the case of the "satisfe and satute" which is the applicant's disease, the 30th half half half half half half of the year prior to the meeting is changed, so it is difficult to find a proximate causal relation between the plaintiff's work and the applicant's work when comprehensively considering the use, frequency, strength, etc. of the check.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From July 2002, the Plaintiff asserted that the instant workplace had been engaged in the management of the annual president and the casino withering work. In the process of card games, there have been a lot of movements, such as opening the arms in a long state, and the adjustment work of the guest room's chairs was repeated in the process of 17.5 km with the intention of 17.5 km and making a net force on the shoulder, and the physical burden was accumulated on the shoulder.

In the meantime, the plaintiff, who was organized in the casino business place on January 4, 2018, is sleeping from the right shoulder.

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