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(영문) 서울행정법원 2018.04.06 2017구단63781
요양불승인처분취소
Text

1. On January 16, 2017, the Defendant’s disposition of non-approval for medical care rendered to the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From November 23, 1980 to May 31, 201, the Plaintiff worked as a mining assistant in the Korea Coal Corporation Korea Coal Corporation from the Korea Coal Corporation as a mining assistant.

B. The Plaintiff was diagnosed as having sustained pains to the right shoulder and received treatment at the National University Hospital, as a result of the Plaintiff’s medical examination and treatment. The Plaintiff was diagnosed as having the right shouldering part of the back to the right shoulder (hereinafter “the instant injury and disease”).

C. The plaintiff was above B.

On January 16, 2017, the Defendant applied for medical care benefits for the instant injury and disease to the Defendant based on the result of the diagnosis as stated in the claim. However, on the ground that there is no proximate causal relation between the Plaintiff’s work and the injury and disease of this case, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”).

【Fact-finding without a dispute over the basis of recognition, Gap's evidence 1, 3, 4, 7, Eul's evidence 1, and the purport of whole pleadings

2. It is reasonable to view that there exists a proximate causal relationship between the occurrence of the instant injury and the Plaintiff’s work, in light of the following Plaintiff’s content and period of service, and medical opinions, which can show the overall purport of the pleadings as a result of the request for the examination of medical records by the head of the Seoul Hospital affiliated with the Macheon National University of Macheon-do, without any dispute between the parties to the instant disposition and the Plaintiff

The content and duration of the Plaintiff’s work was about 30 years and 6 months from November 23, 1980 to May 31, 201, and the Plaintiff was to work as an auxiliary coal and digging aids from the Masung Mining Center.

The plaintiff's work, through digging, digging, and collecting coal, used a hole spash, spash, spath, etc. while performing the above work, and such work seems to have continued to impose a burden on the plaintiff's shoulder.

(In relation to these parts, the defendant is not also disputed). (B)

Medical opinions (court appraisal) are comprised of four power lines such as extreme part-time, extreme part-time, extreme part-time, shouldering, and small source area.

Most of the revolving power is a extreme and full-time strike.

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