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(영문) 서울행정법원 2017.08.23 2015구단52664
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. From June 2007, the Plaintiff (B) had been performing the business of assembling the Hand presses, one of the parts parts of dental X-ray equipment in the Hand, from around 2007, on the premise that: (a) as a result of the health examination conducted by the Company on June 8, 2014, the Plaintiff (B) received a diagnosis of the following: (b) 1: (c) 1: (a) 3: (a) 6-7 square meters escape certificate; (b) 3; (c) 2; (d) 2; and (e) 3: (a) 4: (a) 6-7 square meters escape certificate; and (e) 1: (b) 2014; and (e) the Defendant applied for the medical care benefits for the instant injury and disease on the premise that the disease was attributable to the duties performed by

B. However, on August 13, 2014, the Defendant rendered a decision not to approve the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) on the ground that “this case’s injury and disease is not clearly verified, and the Plaintiff’s work performed is deemed to be gross burden, and thus the causal relationship between the business branch of this case cannot be recognized” (hereinafter “instant disposition”).

[Reasons for Recognition] No dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The key issue of this case 1) Whether the causal relationship can be acknowledged between the business performed by the plaintiff in the branch of this case

B. In full view of the following facts: (a) Nos. 4 through 6 of the judgment on the issues 1; (b) the result of the request for the examination of the medical records to the president of the Korean Medical Association of Korea, and the purport of the entire pleadings, the first diagnosis of the Plaintiff may be recognized as having expressed the Plaintiff’s opinion that the c hospital’s first diagnosis of the Plaintiff ought to observe the verteeculation due to the escape certificate, the injury, etc.; (c) on the other hand, the Defendant’s advisory opinion revealed that the Plaintiff’s escape certificate is confirmed as a result of the examination of the results of the examination of the self-official film shooting against the Plaintiff; and (d) medical specialists belonging to the Korean Medical Association.

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