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(영문) 울산지방법원 2017.02.09 2015구합992
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. On February 11, 1978, the Plaintiff joined Hyundai Heavy Industries Co., Ltd. (hereinafter referred to as “Nonindicted Company”) and performed preparatory work, such as painting, melting, installing pipes and steel design, and transferring equipment, etc. to fix engine rooms inside pipes.

B. On September 21, 2009, the Plaintiff obtained medical care approval (i.e., temporary layoff benefits from November 3, 2012 to July 31, 2013; hereinafter referred to as “existing medical care approval”) from the Defendant, from March 13, 2012 to July 31, 2013, as a revolving the right shoulder (the disability grade 12 – the remaining person who has a functional disorder on the right shoulder; hereinafter referred to as “existing injury and disease”).

C. On January 11, 2013, the Plaintiff was under suspension of business, at B Hospital, diagnosed the land and power lines of the left shoulder shoulder belt, and applied for an additional injury to the Defendant on April 16, 2013, but revoked the application for the said additional injury and disease on April 19, 2013.

After the completion of the above medical care, the Plaintiff returned to the non-party company from August 1, 2013 to the site of the non-party company, and had been engaged in the same work as the previous contents, and there was a pain on the left-hand shoulder. On May 9, 2014, at the B Hospital, the Plaintiff received each diagnosis of the left-hand shoulder part part of the back part of the shoulder, and the left-hand shoulder collision support unit (hereinafter “each of the instant injury and disease”), and applied for the medical care to the Defendant on August 4, 2014.

E. However, on November 5, 2014, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the instant injury and disease’s duties.

F. Accordingly, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee dismissed the Plaintiff’s request for reexamination on March 20, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 (including provisional number), 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful.

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