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(영문) 울산지방법원 2015.06.25 2014구합1769
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. At around 15:00 on January 20, 2012, the Plaintiff was a driver belonging to Hansi Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), while driving the Non-Party Co., Ltd.’s B taxi near the Ulsan-gu Rool Park-dong, Ulsan-gu, Ulsan-gu, U.S., the Plaintiff was involved in the accident where the penter and the pent part of the penter in front of the left side of the said taxi are shocked (hereinafter “instant accident”).

B. After the instant accident, the Plaintiff was diagnosed at the E Hospital No. 10 and 11 (hereinafter “the instant injury”) and applied for medical care benefits to the Defendant. However, on September 4, 2013, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that “the instant injury does not seem to have occurred, and the causal relationship between the instant accident and the instant accident cannot be recognized.”

C. Although the Plaintiff filed a request for an examination on the instant disposition with the Defendant, the Plaintiff was dismissed on January 3, 2014, and the Plaintiff thereafter filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the said request was also dismissed on May 2, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 2-2, Eul evidence 1, 2, 3, 14, 15 (including branch numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant accident was shocked to the chest, and “Seman Nos. 10, 11” occurred or the existing alley disease gets worse, and thus, the instant injury and disease had a causal relationship with his duties, and thus, the Defendant’s disposition of this case on a different premise should be revoked as it is unlawful.

B. 1) The Plaintiff was hospitalized in the F Hospital for 4 days immediately after the instant accident, and thereafter received treatment at the G Hospital, H Hospital, Ulsan National University Hospital, Igwon, J Jinwon, K KIgian, KIg, KIg, Yangsan National University Hospital, Yangsan National University Hospital, E Hospital, and after the instant accident.

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