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(영문) 울산지방법원 2016.04.21 2015구합6082
요양불승인처분취소
Text

1. On February 3, 2015, the Defendant’s refusal to grant medical care to the Plaintiff on February 3, 2015, the escape from the warning board Nos. 5- 6 in the year of 2015.

Reasons

1. Details of the disposition;

A. On March 15, 2010, the Plaintiff (BB and male) joined C Master (hereinafter “Nonindicted Company”) and performed the service of installing gas pipes and delivering gas containers.

B. On October 25, 2014, while carrying out a restaurant 2 and 3rd floor gas pipeline construction, the Plaintiff: (a) performed the work of cutting a suck in the bridge by following the wood on a shooting bridge; (b) connected approximately 6 meters in length to pipes on a shooting bridge; and (c) caused severe pains on a wooden part while the pipe siren vain and vain.

(hereinafter referred to as “the instant disaster”). After the inspection conducted on November 7, 2014 by the Plaintiff at the D Hospital, the Plaintiff was diagnosed as “the instant injury and disease,” “The conical signboard escape from No. 7-S. 1, 5-6, 3-S. 6, and the conical signboard escape from No. 7-S. 1, 3-S. 7, and the conical signboard escape from No. 5-6, 6-7, and 3-S. 1, 2014.” On November 11, 2014, the Plaintiff was administered by the said hospital.”

C. On November 12, 2014, the Plaintiff applied for the first medical care benefits for the instant injury and disease to the Defendant, but on February 3, 2015, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the instant injury and the Plaintiff’s work.

On November 27, 2014, the Plaintiff received disc removal and tactactivism on the first injury and disease of the instant case at the Busan White Hospital affiliated with the Indones University.

[Reasons for Recognition] Facts without dispute, Gap evidence 3 through 5, evidence 7 through 14, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. During the Plaintiff’s assertion that the instant injury or disease occurred in a group repeatedly in the course of performing his/her duties or the existing symptoms have deteriorated.

Therefore, the injury and disease of this case are the plaintiff.

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