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(영문) 서울행정법원 2018.04.27 2017구단71478
요양불승인처분취소
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. On December 20, 2016, the Plaintiff is a person working in C (hereinafter “Nonindicted Company”) for C, Inc., and was diagnosed with “Insurgical surgical surgical surgical surgical surgical sar and right surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical s

B. However, on March 31, 2017, the Defendant rendered a disposition to grant medical care non-approval (hereinafter “instant disposition”) to the Plaintiff according to the determination by the Busan Occupational Disease Determination Committee that “the proximate causal relation between the Plaintiff’s work branch of the instant case and the Plaintiff is not recognized.”

C. The Plaintiff appealed and filed a petition for reexamination, but was dismissed.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was conducted around March 1994 by joining the non-party company with the work that imposes a burden on the shoulder, such as the block formation work of the building vessel, cable line and various equipment installation work, e.g., g., parme measurement work. On April 28, 2015, at the Technology Training Institute, there was a shoulder pain during the process of melting the students, and the disease of this case was diagnosed during the course of receiving the treatment, so the disease of this case is deemed to have a proximate causal relation with the plaintiff's work, but the defendant's disposition of this case on different premise is unlawful.

B. Fact 1) On March 1, 1994 to July 27, 2005, the Plaintiff’s duty, etc.: (a) the duty of care of a dried vessel and the duty of care of a cranes from the floor to the steering unit; (b) the duty of care of a dried vessel and the duty of care of a cranes is not verified; (c) the handling of heavy objects, personal work, and vessel taxes, etc. are not confirmed.

The heading work is a work fixed to the fixed location before melting the absence (materials forming the bones of a structure), using ordinary vibration tools (1-3 km).

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