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(영문) 울산지방법원 2017.04.20 2016구합968
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 April 21, 1985, the Plaintiff joined Hyundai Heavy Industries Co., Ltd. (hereinafter “Nonindicted Company”) and is in charge of B business from March 10, 1993 to March 10.

B. The Plaintiff filed an application for medical care as an injury or disease on the part of the Defendant, which was subject to a disposition of non-approval for medical care on December 5, 2014, and became an administrative litigation (Ulsan District Court 2015Guhap107).

However, the result that the above administrative litigation was dismissed and the medical record appraisal was conducted in that process that the above application for medical care was not clearly recognized, the Plaintiff received a new diagnosis on the son's disease. On January 14, 2016, the Plaintiff filed an application for medical care again with the Defendant on the ground that the Defendant applied for “vertebrate electric ebrates No. 2-3, 3-4, and 4-5 of the vertebrates No. 4-5 (hereinafter “the instant injury”).

However, on March 18, 2016, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no proximate causal relation between the Plaintiff’s business branch and the instant shopping branch.

C. On June 2, 2016, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed by the said Committee on August 1, 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the Plaintiff, while performing his duties in the past in the company of the past, was forced to take care of the injury and injury, such as pressure pressure for the first phase of the company in the middle of the business, and the he obtained approval from the Defendant, and thereafter, he was engaged in the work of creating a vessel model by converting the department into timber. In the process of his duties, the Plaintiff’s assertion embling and moving of heavy timber or works as a skilled person.

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