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(영문) 서울행정법원 2017.01.18 2016구단51835
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

Around April 2006, the Plaintiff was employed in SG World Industrial Co., Ltd. and engaged in B business, due to repeated work using s team sbridges, sbridges, rocks, and scams, etc., and applied for medical care benefits to the Defendant on May 28, 2015, by a medical institution on November 20, 2014.

On August 26, 2015, the Defendant rendered a decision not to approve the said application on the ground that “It is reasonable to view the light signboard escape certificate (round 5-6: the light signboard escape certificate) as a parallel to the right side, rather than the right side escape, it is reasonable to view the light signboard escape certificate as a parallel to the right side escape, although it is a job to be familiar with the wood, the degree of it is not serious, and the light signboard escape certificate (round 4-5: the 4-5) is not observed, and it is observed as a view of damage to the fiber, and the side signboard escape certificate (round 5:00,00) is observe, but it is difficult to view it as a disease related to the duty, because of the right side shoulder escape, and it is difficult to view it as a disease related to the duty.”

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed a petition for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on November 27, 2015.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition in the entirety of the arguments and the statements stated in the Evidence A Nos. 1, 2, and 14, and the purport of the entire pleadings is clear that the instant injury and disease was caused by work, and even if there was a proximate causal relation between the work and the instant injury and disease, the instant disposition was unlawful on a different premise.

Judgment

The term "occupational accident" referred to in subparagraph 1 of Article 5 of the Industrial Accident Compensation Insurance Act means an injury, disease, physical disability or death of a worker caused by his/her duties while performing his/her duties.

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