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(영문) 수원지방법원 2016.10.19 2015구단33213
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 November 14, 2009 to June 10, 2014, the Plaintiff served as an instructor at a specialized driving school B (hereinafter “foreign driving school”). The Plaintiff applied for the first medical care benefits to the Defendant on or around July 8, 2014, under the name of diagnosis, “the power line damage to the sponsive part of the sponsive part of the sponsive part of the sponsive part of the sponsive part, salt sponsive part of the left sponsive part of the sponsive part of the sponsive part of the s

B. On September 15, 2014, the Defendant rendered a decision not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the “damage to the power failure failure of the counter party” was not clearly identified by the MDR’s superior, and that “the base of salt and tension on the counter party’s slot team” was not recognized as having a relationship with his/her duties because the disaster circumstance is not clear.

C. The Plaintiff, who is dissatisfied with this, filed a request for examination and a request for reexamination with the Defendant and the Industrial Accident Compensation Insurance Reexamination Committee, but all dismissed.

[Ground of recognition] No dispute, Gap 1, 2, 7, Eul 4, and 5

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff worked as a driver at the non-party driving school, while washing the inside of the school that was flooded by fire-fighting water on his own, and the snow removal work that spreads snow in the winter. In particular, while taking charge of skill training and road training for not less than 10 years, the plaintiff was diagnosed with the injury of this case by taking a heavy burden on the left-hand shoulder and knee because the plaintiff's work and the above injury of this case are found to have a proximate causal relation between the plaintiff's work and the above injury of this case, the defendant's disposition of this case should be revoked as unlawful.

B. In order to be recognized as a occupational accident under the Industrial Accident Compensation Insurance Act, work performance must be performed.

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