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(영문) 수원지방법원 2016.03.30 2015구단695
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;

가. 원고는 2004. 3. 19.경 삼우합금공업 주식회사(이하 ‘소외 회사’라고 한다)에 입사하여 지게차 운전, 알루미늄 합금 생산 등의 업무를 수행하는 근로자로 근무해 왔는데, 2014. 1. 1. 10:30경 반사로 아치보수작업 중 반사로 보강재를 들통에 담아 붓다가 허리를 삐끗한 이후 ‘요추부 염좌, 추간판탈출증 제5요추-제1천추간’의 진단을 받았다.

B. On February 11, 2014, the Plaintiff applied for medical care with respect to the above diagnosis name to the Defendant. On July 10, 2014, the Defendant: (a) approved the Plaintiff as a occupational accident only on the part of the relevant base salt area; and (b) issued a disposition of non-approval for medical care (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relation with his/her duties.

[Ground of recognition] No dispute, entry of evidence Nos. 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff had 12 hours average per day after joining the non-party company (the main duty, the delivery to the driver of the vibration or surface of the vehicle in possession due to the pain fishing as it is), the steinic acid work [the work of separating steinic acid belonging to the steinic acid], the steinary work [the work of spreading Aluminium (12 km) with luminous water (15 km from the luminous channel)], the wheelchairs screening work [the work of separating Aluminium (12 km from 15 km by hand)], etc., for a long time, an excessive burden was imposed on the driver, and as a result, the disease of this case was rapidly aggravated due to the occurrence or continued performance of the duty of this case.

Therefore, since the injury and disease of this case has a proximate causal relation with the plaintiff's work, the disposition of this case is unlawful.

B. To be recognized as a occupational accident under the Industrial Accident Compensation Insurance Act.

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