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1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuits, the part on the claim of KRW 26,210 shall be dismissed.
Reasons
1. Basic facts
A. On August 1, 2015, the Plaintiff was employed by the Daum A Co., Ltd. and worked in the Ulsan Factory, a company was ordered to separate the PA by-products, which occurred during the process of factory inspection, from the antidrums, and performed the work of crushinging the by-products by using piracy from November 1, 2015 to November 30, 2015.
However, the Plaintiff began to receive medical treatment from December 12, 2015 to the right shoulder, and on April 25, 2016, the Plaintiff was diagnosed by the Central Hospital of the Jung-gu Medical Foundation as “the superior chief and the net attack” (hereinafter “the instant injury and disease”).
B. On July 25, 2016, the Plaintiff filed the first medical care benefit application with the Defendant, asserting that the instant injury or disease was caused by the crushing work of by-products.
However, on September 7, 2016, the Defendant issued a disposition not to grant medical care approval (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relation between the Plaintiff’s duties, such as crushing of by-products, and the injury and disease in the instant case.
The Plaintiff dissatisfied with the instant disposition and filed a request for examination against the Defendant, and the Defendant rendered a decision to dismiss the Plaintiff’s request for examination on December 2016.
C. On September 13, 2016, the Plaintiff filed an administrative litigation against the Defendant seeking revocation of the instant disposition, and the first instance court rendered a judgment dismissing the Plaintiff’s claim on April 13, 2017.
(Ulsan District Court 2016Guhap975). The plaintiff appealed. The appellate court revoked the judgment of the first instance on December 6, 2017 and rendered a judgment revoking the instant disposition on the ground that there was a proximate causal relation between the plaintiff's work, such as the crushing of by-products, based on the result of the physical appraisal entrustment to the plaintiff newly made at the appellate court, based on the result of the physical appraisal entrustment to the plaintiff.
Busan High Court.