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(영문) 서울행정법원 2018.01.25 2017구단61808
추가상병일부승인처분취소
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. From February 9, 1981, the Plaintiff was diagnosed by the Korea Coal Corporation's Do Mining Center (hereinafter referred to as the "Do Mining Center") as an auxiliary coal transport worker, a Boban, a Boban, a Boban, and a cable, on May 31, 201, and then retired from the Dog National University Hospital on August 25, 2016, the Plaintiff applied for additional injury and disease (hereinafter referred to as the "application of this case") with the Defendant (hereinafter referred to as the "application of this case").

B. On November 11, 2016, the Defendant rendered a decision not to approve the instant additional injury and disease (hereinafter “instant disposition”) on the ground that the instant additional injury and disease were not recognized as a causal relationship, on the ground that the Plaintiff was found to have been at the right end of the period of service for a long time.

C. The Plaintiff filed a request for review with the Defendant, but the Defendant dismissed the request for review on the ground that “It is difficult to recognize a proximate causal relationship between the Plaintiff’s work and the additional disease in the instant case due to the Plaintiff’s duty, as it is similar to the degree observed in the same age group in view of the Plaintiff’s age, given that the Plaintiff’s opinion was consistent with the degree of observation in the same age group.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was diagnosed as the additional disease of this case at the National University Hospital, and about about 30 years and 4 months, the accumulatedness related to the business of this case was recognized for a long time by performing duties, such as elbows and shoulders, and there was no other factor affecting the additional disease of this case in addition to the duties in the coal mine, and the injury and disease of the additional disease is confirmed.

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