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(영문) 창원지방법원 2020.02.05 2019구단10277
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of disposition;

A. On April 18, 2018, the Plaintiff entered the Defendant on August 16, 1985 and accumulated a large and small amount of injury in the steel plate cutting operation for about 31 years, the Plaintiff applied for medical care benefits for the following reasons: (i) the part part of the right shoulder part, ② the right shoulder part, ② the right shoulder part, ③ the right shoulder part, ④ the right shoulder part, ④ the right shoulder part, ④ the left part, ⑤ the left part, ⑤ the left part, ⑤ the top part of the public communication proposal, ⑤ the top part of the left part, ⑤ the top part of the left part, ④ the top part of the public communication proposal, ④ the upper part of the right side, 9, the part of the public communication proposal, ? the part of the right part of the right-hand part, i) the outer part of the right-hand part, i) the upper part and salt within the right-hand part (hereinafter collectively referred to as the “instant disease”).

B. On September 8, 2018, the Defendant issued a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Defendant is not deemed to have a proximate causal relation with the duties of the instant superior branch on the grounds that, considering the fact that, from July 2017 to July 2017, there were symptoms after the Plaintiff left from the workplace, during approximately one year and five months of the industrial accident medical care for the Hast and the Handal, and the progress of the injury and disease appears to change according to the age.”

C. The Plaintiff appealed and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but a ruling dismissing the Plaintiff’s request was rendered on January 4, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the above company performed the cutting of steel plates for not less than 30 years and received treatment from a medical institution prior to the withdrawal from the company due to the cumulative physical burden on shoulder and arms, but it is unlawful to deem that the injury and disease in this case occurred due to the natural transitional changes in emerculation.

B. (1) Determination of the Industrial Accident Compensation Insurance Act Article 4.

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