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(영문) 서울행정법원 2018.07.19 2018구단51198
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. The Plaintiff, as an employee of the CCC Co., Ltd. (hereinafter “CC”), she was sleeped on the part of Huuri-ri, around October 26, 2014 while performing hinging work, etc. at the construction site (hereinafter “instant construction site”); and thereafter, on March 16, 2016, the Plaintiff was diagnosed by the Defendant at the East Sea Hospital as “vertebrate Separation (5 - 1,00)” (hereinafter “the instant injury and disease”), and applied for medical care benefits to the Defendant.

B. On November 7, 2016, the Defendant: “In the course of performing the wing work, the Defendant: (a) performed the Plaintiff’s work of handling heavy goods, scophers, and scophers; (b) performed a relatively short-term work for a period of not less than one year and two months; (c) performed driving duties for the period from August 11, 1989 to December 11, 1992 in the past career history; (d) performed the daily work, such as signal number, during the period from April 1 to August 31, 2013 at the workplace belonging to the Plaintiff’s written response, but it was confirmed that the Plaintiff’s statement that the Plaintiff did not perform the duty of giving before and after the performance of the work; (d) the disease in this case was confirmed on the MRI and medical records; (e) the disease in this case was caused by a congenital change; and (e) the disease in this case was not recognized by the Gwangju Decision Committee in full consideration of the results of the instant determination.”

C. Accordingly, the Plaintiff’s opinion on advisory opinion by the Defendant headquarters, which comprehensively reviewed the relevant materials from the Defendant, is that the Plaintiff’s major work contents are putting soil into the ground by inserting them into the ground and piling up the retaining wall, and are exposed to a natural irregular attitude, such as blish, etc., which moves 60 km to 2 1 man-made.

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