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(영문) 대구지방법원 2017.08.18 2016구단68
기타(일반행정)요양급여불승인결정의처분취소청구
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. The Plaintiff was diagnosed as No. 6-7 of the light signboards disability No. 6-7 accompanied by the nephical ppuri certificate (hereinafter “the injury of this case”) while performing the removal work of garbage as a street cleaners belonging to the Plaintiff.

B. On July 27, 2015, the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant, and on October 22, 2015, the Defendant rendered a non-approval of the application for medical care benefits (hereinafter “instant disposition”) on the ground that proximate causal relation with the instant injury and disease is not recognized.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (if there are provisional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is the Plaintiff’s waste removal work on April 9, 2013, while serving as a street cleaners from November 1, 200 to B viewing, and repeatedly serving as a street cleaners for 13 years, while placing garbage bags, smoke, etc. on the collecting vehicle.

He was suffering from pain on the neck, was treated at a hospital after being treated, but on October 24, 2013, he was placed with a garbage bag of 100 L and was reatted.

Therefore, since the injury or disease of this case was caused by the above physical burden or aggravated due to such duty, the disposition of this case is unlawful.

B. The following facts can be acknowledged in light of the evidence pre-finding facts, Gap evidence Nos. 4, Eul evidence Nos. 1 and 7, and the purport of the whole pleadings.

1) The Plaintiff’s period of service and the form of work are as follows. The Plaintiff was employed as a street cleaners on November 1, 200 for the collection of household wastes and cleaning service for the distance from the daily waste collection work (which was in charge of the Security Department of Waste and retired on September 30, 2014).

The Plaintiff worked from 07:30 to 17:00 of the ordinary day, and from 08:0 to 13:30 of the Saturdays, the hours of recess are from 12:00 to 13:00.

The plaintiff mainly engages in the collection of household garbage in the morning.

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