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(영문) 울산지방법원 2015.05.14 2013구합981
요양불승인처분취소
Text

1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on March 18, 2013 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On February 14, 1994, the Plaintiff was diagnosed as the left-hand, anti-cell, malicious life (hereinafter “the instant injury and disease”) on October 4, 201, while becoming a pilot in the oil analysis room for the period of September 1998 and performing the collection and analysis of the sample of oil, and thereafter, in the HOU analysis room for the collection and analysis of the sample of asphalt and the sample of oil at the HOU analysis room.

B. The Plaintiff asserted that the instant injury to the Defendant was an occupational accident and applied for medical care. However, on March 18, 2013, the Defendant rendered a disposition of non-approval of the application for medical care (hereinafter “instant disposition”) on the ground that “the instant injury to the disease is not recognized as a proximate causal relation with the Plaintiff’s work content and work environment.”

[Reasons for Recognition] Gap evidence 1, 2 (including branch numbers; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was engaged in the testing and analysis of oil products for about 18 years after joining the plaintiff, while handling majority of the chemical substances, such as petroleum, tar, spons, and asphalt. During this process, the defendant's disposition of this case on different premise is unlawful, since it was against the defendant's disposition of this case on different premise, since the exposure to such multi-nuclear satisfaction hydrocarbon and electric radiation was caused by exposure to such multi-nuclear radiation in an area where he treats radioactive rays in 2008 to 2009.

B. Fact-finding 1) The non-party company is a company that processes crude oil by refining crude oil, and the plaintiff collects and analyzes oil samples from the oil analysis office from February 14, 1994 to September 198.

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