logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.04.29 2012구단1014
요양급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On February 28, 2008, while entering and working for Simnam-gun B (hereinafter “instant workplace”), the Plaintiff: (a) had a pain on November 28, 201; (b) on December 5, 201, the Plaintiff diagnosed the escape certificate of protruding signboards No. 5-6 (hereinafter “instant injury”); (c) applied for medical care benefits to the Defendant on December 28, 201, when the Plaintiff was diagnosed on the escape certificate of protruding signboards No. 5-6 (hereinafter “instant injury”).

On March 22, 2012, after deliberation by the Occupational Disease Determination Committee, the Defendant rejected the instant injury and disease on the ground that there is no proximate causal relation with the Plaintiff’s work.

(hereinafter “instant disposition” (hereinafter “instant disposition”), which is without dispute, and the Plaintiff’s assertion as to the legitimacy of the instant disposition, was lawful, and the Plaintiff repeated every three years and nine months after entering the instant place of business, every day, engaged in an operation that causes heavy meat to the mixed shoulder, and transport it to the workplace on a daily basis. After transport, the Plaintiff continued to perform an operation that causes approximately four hours of scambling and net force, and all of the transportation and scaming operations performed at the Plaintiff’s scam.

Therefore, the instant injury constitutes occupational accidents that occurred due to the Plaintiff’s work or at least aggravated due to the Plaintiff’s work, and thus, the instant disposition that did not recognize the proximate causal relation between the Plaintiff’s work and the instant injury and disease is unlawful.

Facts of recognition

From February 28, 2008 to the date of the outbreak of the injury or disease in this case, the Plaintiff worked in the workplace of this case for about 3 years and 9 months from February 28, 2008, and mainly carried out meat transportation and save work.

In addition to ordinary Sundays, six days of work per week, working hours are from 10:00 to 18:00, and no extension work has been made.

From 11:0 to 11:30, point meal hours, from 15:0 to 15:30.

arrow