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(영문) 서울행정법원 2014.07.17 2013구단12099
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On January 29, 2012, the Plaintiff asserted that, as a daily cook belonging to the JAWnB (hereinafter “SPB”) the Defendant, on December 23, 2013, the Plaintiff was diagnosed that knee-type mae-ray was diagnosed on the left side of the left side (hereinafter “the instant disaster”), and filed a medical care benefit application with the Defendant on December 29, 2013.

B. On March 11, 2013, the Defendant rendered non-approval disposition on the ground that the instant injury and disease appears to be a chronic disease and cannot be seen as an occupational accident.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1 and 4 (including a provisional number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff had been diagnosed of the injury of this case since he had been in a single-type cook for not less than 20 years, and had been approved for medical care for the injury of the knee and other occupational feeel-feel-feel-feel-feel-feel-feel-feel-feel-feel-feel-feel-feel-feel-feel-feas on the day of the accident of this case, he was diagnosed of the injury of this case after the left kne-fe-kne-fe-feel-fe

B. (1) The "occupational accident" under the Industrial Accident Compensation Insurance Act refers to the injury, disease, disability or death of an employee due to an occupational reason, and in order to be recognized as a occupational accident, there should be a proximate causal relationship between the occupational accident and the accident as the accident occurred due to the occupational reason. The existence of a causal relationship shall be determined based on the health and physical conditions of the employee concerned, not on the average person, but on the basis of the average person's health and physical condition, and the degree of proof of a causal relationship shall not be clearly proved by medical or natural science, considering all circumstances.

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