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(영문) 서울고등법원 2019.01.23 2018누46461
요양불승인처분취소
Text

1. Revocation of the first instance judgment.

2. On March 31, 2017, the Defendant’s disposition of non-approval for medical care rendered to the Plaintiff is revoked.

3.

Reasons

Details of the disposition

On December 20, 2016, the Plaintiff (hereinafter “instant workplace”) was an employee who works in C, Co., Ltd., Ltd. (hereinafter “instant workplace”), and was diagnosed, and applied for medical care benefits for the instant injury and disease to the Defendant on January 9, 2017.

However, on March 31, 2017, the Defendant issued a disposition to grant medical care non-approval (hereinafter “instant disposition”) to the Plaintiff in accordance with the determination of the Busan Occupational Disease Determination Committee, that “The instant injury is close to the epoch subsequent to the collision with a partial epoch fever with a lack of the situation of the opening of the right shoulder, and the right shoulder is not verified, and there is no proximate causal relation between the Plaintiff’s duties.”

On April 18, 2017, the Plaintiff appealed and filed a request for reexamination, but was dismissed on June 20, 2017.

[Based on recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 3 (if the number is available, including each number; hereinafter the same shall apply), and the purport of the entire argument as to the legitimacy of the disposition of this case as a whole, the purport of the plaintiff's assertion as to the legitimacy of the disposition of this case is that the plaintiff's assertion is legitimate. On March 1994, the plaintiff was engaged in the work that imposes a burden on the shoulder, such as the operation of the dry ship, the operation of the cater, cable line, the tamper, the mar measurement, etc., and on April 28, 2015, the Technology Research and Training Institute showed an interview test to the students, and received drug treatment and water treatment.

Therefore, since the injury and disease of this case contributed to the aggravation of the right to the eternal path by continuously and repeatedly performing the work that the plaintiff caused unreasonable force for at least 20 years to the shoulder, and there is a proximate causal relation with the plaintiff's work, the disposition of this case should be revoked.

The defendant.

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