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(영문) 부산지방법원 2017.08.23 2017구단170
상병일부불승인처분취소
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. On April 14, 2016, the Plaintiff was an employee affiliated with the knee comprehensive construction company, and at the construction site around 14:00, the Plaintiff was faced with the Plaintiff’s knee and shouldering of knee, knee and shoulder while seling a knife at the second floor during the installation of hn beam at the construction site (hereinafter “instant accident”).

B. On June 9, 2016, the Plaintiff filed an initial medical care benefit application with the Defendant on the ground that the instant accident occurred between the “Mae-Mae-Mae-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (if any, including the number; hereinafter the same shall apply) or video, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is that the instant injury and disease occurred due to the instant accident, and thus, the instant disposition that was otherwise determined is unlawful.

B. According to the Industrial Accident Compensation Insurance Act, the "occupational accident" refers to the injury, disease, disability or death of an employee caused by an occupational reason, and in order to be recognized as a disaster due to an occupational reason, the accident is caused by the occupational accident, and there is a proximate causal relation between the occupational accident and the accident. In this case, the causal relation between the worker's accident and the work should be proved by the claimant.

The existence of a causal relationship shall be determined on the basis of the health and physical conditions of the worker concerned, not the average person, and the degree of proof of a causal relationship must be proved clearly in medical or natural science.

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