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(영문) 서울행정법원 2016.07.28 2015구단52343
최초요양일부불승인처분취소
Text

1. The Defendant’s external wounds on December 31, 2014, up to Nos. 1-2, 2-3, and 3-4, for the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 18, 2014, the Plaintiff, who was working as a sprink, was killed in a sprinkic area in the workplace located in the Crossing-gun, Gangwon-do, and applied for medical care benefits to the Defendant after receiving the examination of the credit rating of the protruding signboards No. 1-2, No. 2-3, No. 3-4, and No. 4-5 in the Taesan Hospital of the Korea Workers' Compensation and Welfare Service, No. 5-6 in the spactical wave, the splate-1,00-6 in the spactical emergency escape certificate, and the spactical base.

B. On December 31, 2014, the Defendant: (a) deemed that there was a change in the stimulity, such as the change of the conical signboard between the 1-5 main phase and the ex post facto response, according to the radiation opinion and MRI’s opinion; and (b) on the ground that the stimulated base may occur due to the instant disaster; (c) on the ground that the damage of the stimulated base is deemed an existing disease, the Defendant approved the stimulated base on the ground that the damage of the stimulated board was deemed an existing disease; and (d) made a disposition without

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. Although the Plaintiff’s assertion and the Plaintiff’s change of salves due to age increase was already underway, there had been no symptoms due to the escape of the conical signboard if there had been no disaster of this case, and the exclusionary disease of this case was caused by the disaster of this case or the existing disease of this case aggravated beyond the natural progress, but the disposition of this case which did not recognize the relationship with the external shock of the conical signboard was unlawful merely because the change of salves was observed.

B. (1) As to the causal relationship between the duty and the injury or disease, the verification must be made on the part of the claimant.

However, this is not necessarily required to prove clearly the medical and natural science, but all the circumstances.

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