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(영문) 서울행정법원 2016.06.10 2014구단50692
추가상병불승인처분취소
Text

1. On May 6, 2013, the Defendant’s additional injury and disease approval disposition against the Plaintiff on May 6, 2013 (5-6-7) is based on the external injury and injury frequency (5-6-7).

Reasons

1. Details of the disposition;

A. On July 10, 2012, when the Plaintiff was employed as a dump truck driver of Nonparty B’s 25 tons, on July 10, 2012, the Plaintiff was diagnosed as a truck from a factory located in Young-gun, Gangwon-do, and applied for the additional diagnosis of the instant disease at around two meters below the floor (hereinafter referred to as “the instant accident”). The Plaintiff was diagnosed as a scarlet 1,2, and 3’s salt and tension of the scarlet, the scarlet, the scarin’s salt and tension, the left-hand shoulder base (hereinafter referred to as “the instant approved disease”) during the medical treatment with the approval of an occupational accident, and applied for the additional disease.

B. On May 6, 2013, the Defendant: (a) deemed that there was no causal link with the instant approved injury or the instant accident; and (b) rendered a disposition not to approve the said application (hereinafter the instant disposition).

C. The Plaintiff, who is dissatisfied with the instant disposition, filed a request for examination and a request for reexamination, but all dismissed.

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

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the instant additional injury and disease occurred or aggravated due to the instant accident, and the instant disposition based on a different premise is unlawful.

B. Fact 1) According to the medical records of the Plaintiff’s medical hospital, the Plaintiff constantly complained of pains on the part of the arms and neck immediately after the instant accident occurred, and the Plaintiff was treated as 14 times of traffic accidents from July 2002 to May 201, 2012, prior to the instant accident, due to the 14th vehicle accident, such as the cryp and the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the cryp of the medical opinion.

On October 8, 2012, the Plaintiff was hospitalized in the Plaintiff and was subject to the implementation of the Gyeongsung (No. 5-6-7). On October 17, 2012.

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