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(영문) 창원지방법원 2019.01.30 2018구단11709
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. In December 14, 2016, the Plaintiff became a member of the macro-manufacturing Ship Co., Ltd. (hereinafter “Nonindicted Company”) and applied for medical care benefits and temporary disability compensation benefits to the Defendant as to “Plue-5, 5-6 (Plue-6 (hereinafter “Plue Disease”)” (hereinafter “Plue Disease”).

B. On March 2, 2017, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “The instant injury and disease appears to be a chronic disease, based on objective data, such as continuous service period, work method and content, and the submission records, even though the instant injury and disease was partially permitted, the instant injury and disease is not likely to cause the injury and disease, but it is difficult to recognize proximate causal relation with the instant injury and disease as the work content does not have to be verified in detail.”

C. On August 28, 2017, the Plaintiff appealed and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on November 28, 2017, but a ruling dismissing the Plaintiff’s request was issued on March 15, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, overall purport of pleading

2. Whether the disposition is lawful;

A. On January 10, 1985, the Plaintiff asserted that the injury or disease of this case occurred as a result of performing physical burden duties and inappropriate self-responsibility duties while serving as a member of the non-party company and taking charge of the contact, CNCry work, and contact materials management duties for about 32 years until retirement from the company on June 30, 2016.

B. (1) To be recognized as a disaster caused by an occupational reason under the Industrial Accident Insurance Act, there must be a proximate causal relationship between the work and the accident, as well as the work performance, in order to be recognized as a disaster. In this case, the worker is required to do so.

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