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(영문) 서울행정법원 2019.03.29 2017구단77810
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. The Plaintiff is a person who works for a stock company B (hereinafter “foreign company”) from April 28, 198, and performed the work of maintaining painting equipment.

B. On June 20, 2017, the Plaintiff filed an application for medical care benefits on the ground that: (a) the Plaintiff continued to engage in repeated operations with heavy weight while maintaining painting equipment at the non-party company; and (b) as a result, the Plaintiff filed an application for medical care benefits on the ground that “the instant injury and disease occurred,” i.e., e., anti-s., s.g., s., s.e., s., s.f., s., face-to-face s.e., face-to-face s., face-to-face s.e., face-face

On October 31, 2017, the Defendant rendered a decision not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the instant injury and disease was not deemed to have occurred due to the Plaintiff’s duties.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff continued to work for a considerable period of time on the part of the non-party company, which requires strong power on both shoulders, and thus, there is a proximate causal relation between the Plaintiff’s work and the injury and disease of this case.

Therefore, the instant disposition taken on a different premise should be revoked as it is unlawful.

B. Facts 1) The plaintiff is working for the non-party company from April 28, 198 to the non-party company as of April 28, 198, and currently belongs to the one copy of the painting equipment team.

B) The Plaintiff worked as a weekly fixed-term working system for five days per week, and the regular working hours are from 08:0 to 17:00 (from 12:0 to 13:00, and 10 minutes every ten minutes every day). The electric processing work (from April 28, 1988 to April 20, 197) is conducted on the inside of the ship, with seals, painting, materials or hull surface frame.

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