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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On August 19, 2015, the Plaintiff joined B Cheongju (Co., Ltd.) and was in charge of the duties, such as snowing, eating, etc.
원고는 2018. 9. 1. 21:40경 근무 중 위 사업장의 방에서 잠시 쉬었다가 일어나서 밖으로 나오기 위하여 디딤돌에 왼쪽 발을 디뎠는데, 당시 ‘뚝’ 소리가 나면서 원고에게 걸을 수 없는 통증이 발생하였다
(hereinafter “instant accident”). On September 3, 2018, the Plaintiff was diagnosed as “the instant injury” (hereinafter referred to as “the instant injury”). The Plaintiff was diagnosed as the pellet on the left and the left-hand satum.
B. On September 18, 2018, the Plaintiff indicated that “the first medical care, occupational accident, and electric power resource” column in the application form for medical care benefits and temporary disability compensation benefit (claim) to the Defendant, and submitted the “the cause of the disaster and the situation of the occurrence of the disaster” column by stating that “the occurrence of documentary evidence is done at low 9:40.”
C. The plaintiff was above B.
The application form of this paragraph is accompanied by a statement of opinion on industrial accident compensation insurance issued from D's main values.
In the opinion of the above opinion, the symptoms of the patient complained of as of August 15, 2018 were raised from August 15, 2018, and the same year.
9. 3. 뚝 소리와 함께 심하게 통증 악화되었다고 함’이라고 기재되어 있으며, ‘⑪ 상병상태에 대한 종합소견 : 2018. 8. 15. 당시 염좌 및 종골의 스트레스성 골절이 의심되며 같은 해
9.3. It stated that it is deemed that the upper frame was cut off. D. The Defendant, on November 26, 2018, determined that the Plaintiff’s “medically applied injury and disease was confirmed and that it was not a stress-drash.”
In relation to the duties performed, it is deemed that there is a low possibility that an applicant's injury or disease was caused due to his/her duties because it is difficult to view that the continuous and repeated performance of work by taking account of the working environment, the strength of work, the period of work, etc. was conducted.