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(영문) 서울행정법원 2016.08.19 2015구단59368
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 November 20, 2009, the Plaintiff became a member of the Korea Labor Welfare Corporation on November 20, 2009 and carried out the processing of public machinery and the manufacturing of automobile parts. From February 4, 2011, the Plaintiff was diagnosed by the Korea Labor Welfare Corporation Chang Jae-gu Hospital with a serious pain of knife and a knife, and was diagnosed by the knife of the knife and the knife of the knife, and was hospitalized in the Korea Labor Welfare Corporation on February 25, 201, and thereafter was hospitalized in the Korea Labor Welfare Corporation on February 25, 201.

B. On February 4, 2011, the Plaintiff filed an application with the Defendant for the approval of medical care and the subsequent temporary layoff benefits on December 10, 2014, inasmuch as the Plaintiff’s work caused “the escape from a protruding signboard No. 4-5” (hereinafter “the instant application injury”).

C. On February 16, 2015, the Defendant rendered a decision not to approve the Plaintiff’s application on the ground that there is no proximate causal relation with the instant application’s work (hereinafter “instant disposition”). D.

On June 10, 2015, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee as to the above disposition, but the said request was dismissed on June 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that: (a) from B to February 4, 201, the Plaintiff carried out the work of unreasonably putting excessive power on a conical signboard at intervals of 2 to 3 days, including the work of lowering weight of at least 50 km.

As a result, there is a proximate causal relation between the application branch and the service of this case to the Plaintiff.

Therefore, the instant disposition against it is unlawful.

B. The "occupational accident" under the Industrial Accident Compensation Insurance Act refers to the worker's injury, disease, physical disability, or death caused by his/her occupational accident during the performance of his/her duties, and thus, the accident between his/her duties and the disaster.

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