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(영문) 서울행정법원 2017.06.15 2016구단60112
재요양및추가상병불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff was engaged in transportation business for about 19 years, and was employed as a bus operator on July 1, 2004 as a bus operator.

On May 19, 2009, the plaintiff was involved in a traffic accident that conflicts with an illegal internship vehicle while driving a bus.

As a result of the examination, the Defendant applied for medical care benefits after receiving the diagnosis of "mar water colonism, training colonism, chronological colonism, chronological chronological pressure, Gyeongmomopy escape certificate No. 5-6, Gyeongmool escape certificate, 3-4, and cirical signboard escape certificate."

이에 피고는 ‘현재 모든 증상은 경수에 관찰되는 척수공동증 병변과 관련 있는 것으로, 요추나 경추 등 근골격계 자체와는 무관한 개인질환으로 사료되어 업무와의 관련성을 인정하기 어렵고, 경추 5-6 추간판탈출증과 요추 3-4 추간판탈출증은 영상소견 상 급성 소견이 확인되지 않고 나이에 합당한 자연변성 이상 소견도 관찰되지 않아 업무와의 관련성을 인정하기 어렵다’는 업무상질병판정위훤회의 소견을 근거로 2012. 1. 25. 요양불승인처분을 하였다.

The Plaintiff filed a lawsuit for the revocation of a disposition not to grant medical care as Seoul Administrative Court 2012Guhap8864, and on November 22, 2013, both the Plaintiff’s work and the Plaintiff’s injury and disease were related to each other, and the judgment of winning the entire Plaintiff was rendered.

The Defendant appealed as Seoul High Court Decision 2013Nu32825, and only the part of the “Scale Joint Certificate” and the “Pappropin escape certificate No. 5-6” on August 9, 2014 recognized the causal relationship with the Plaintiff, and the remaining claimed injury and disease were sentenced to the revocation of part of the judgment of the first instance court on the grounds that it is difficult to recognize a proximate causal relationship with the Plaintiff, and the judgment became final and conclusive around that time.

According to the final and conclusive judgment, the Defendant’s two injury and disease all of the two injury and disease “one joint identification card” and the 5-6 injury and disease of this case.

The medical care was approved on January 3, 2015.

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