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(영문) 서울행정법원 2017.04.27 2016구단3294
요양불승인처분취소
Text

1. On July 28, 2015, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. A. Around January 20, 1986, the Plaintiff joined B as B, and went back from the Korea Coal Corporation via Dong-dong, to May 15, 2014, from the Korea Coal Corporation (hereinafter “Seoul coal Corporation”). On May 11, 2015, the Plaintiff was diagnosed on May 11, 2015 (hereinafter “the instant injury and disease”), and applied for medical care benefits to the Defendant around June 2015.

B. On July 28, 2015, the Defendant issued a disposition not to grant medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff was unable to recognize the business relationship with the instant injury and disease as an individual person’s change, although the Plaintiff performed the work bearing the burden on the Heluribu.”

C. The Plaintiff dissatisfied with the instant disposition and filed a request for review to the Defendant, but dismissed.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 8, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion has been engaged in repeated work that imposes a burden on the Plaintiff, such as handling heavy objects, collecting coal and digging operations, while working in the coal mines for about 26 years. Accordingly, the Plaintiff contributed to the occurrence of the instant injury by causing the occurrence of the instant injury, which caused the instant injury to the Plaintiff’s disease or the said injury to the Plaintiff’s work, rapidly aggravated at a natural progress speed.

As such, there is a proximate causal relationship between the business branch of this case.

Nevertheless, the instant disposition that was otherwise determined is unlawful.

B. The Plaintiff’s assistance from May 8, 1991 to December 31, 1991 to December 1992 to January 1994 to March 18, 195 to March 20, 195 to transported of pit trees from March 20, 195 to March 18, 195 to May 31, 197 to June 23, 198 (B) as the supplementary coal transport from May 1, 198 to May 23, 198 to December 21, 198 to 1984 to 2004 to 2004 to 15.5.184 to 2004 to 15.54.184 to 1984.15.

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