logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.10.10 2018나20422
업무상질병사고 기타비용
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

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 from November 1, 2015 to November 30, 2015.

However, on April 25, 2016, the Plaintiff was diagnosed as “the instant injury and disease,” etc. at the Central Hospital of the Organization of the Organization of the Organization of the Organization of the Organization of the Organization of the Organization of the Organization of the Organization (hereinafter “the instant injury and disease”).

B. On July 25, 2016, the Plaintiff filed an initial medical care application with the Defendant for medical care benefits by asserting that the instant injury or disease was caused by the mination of by-products. However, on September 7, 2016, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relation between the Plaintiff’s duties, such as the crushing of by-products, and the instant injury or disease.

The Plaintiff dissatisfied with the instant disposition and filed a request for review thereof with the Defendant, and the Defendant rendered a decision to dismiss the Plaintiff’s claim on December 2016.

C. On September 13, 2016, the Plaintiff filed an administrative litigation against the Defendant seeking the revocation of the instant disposition. On April 13, 2017, the first instance court rendered a judgment dismissing the Plaintiff’s claim (Ulsan District Court 2016Guhap975) and filed an appeal against the Plaintiff. The appellate court determined that there was a proximate causal relation between the Plaintiff’s work, such as crushing of by-products, based on the result of physical appraisal commission newly made at the appellate court, and the appellate court revoked the first instance judgment on December 6, 2017 and rendered a judgment revoking the instant disposition.

(In Busan High Court Decision 2017Nu21296). The defendant appealed again, but the Supreme Court dismissed the appeal on April 12, 2018.

arrow