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(영문) 창원지방법원 2017.06.27 2015구단10354
요양불승인처분취소
Text

1. The Defendant’s disposition of non-approval of medical care benefits rendered to the Plaintiff on December 31, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. On September 15, 201, the Plaintiff entered the Plaintiff on September 15, 201 and went back on January 1, 2013.

On July 18, 2014, the Plaintiff filed an application for medical care benefits with respect to the instant injury and disease by asserting that he/she was unable to carry his/her valve parts on July 31, 2012, which he/she had worked in B and moved to the Defendant, and the left-hand shoulder was due to an accident where he/she was satisfying.

On December 31, 2014, the Defendant rendered a non-approval of the Plaintiff’s application for medical care benefits (hereinafter “instant disposition”) on the ground that there is no apparent credit on the left-hand shoulder in the course of performing his/her duties, and that there is no substantial causal link between the Plaintiff’s work branch and the Plaintiff’s work branch of this case, due to the Plaintiff’s lack of working period and lack of business strength.

[Ground of recognition] Evidence Nos. 2, 3, Eul No. 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that there was a proximate causal relation between the Plaintiff’s work and the Plaintiff’s instant disposition is unlawful, since the Plaintiff’s previous disease of the shoulder left side becomes worse or its symptoms have been revealed due to the performance of the work of manufacturing valves parts and the accident during the work on July 31, 2012.

B. In fact, the Plaintiff entered the Plaintiff on September 15, 201, including the details of the Plaintiff’s business, and served as the 6th day from September 15, 201 to May 15, 201, and performed the work of processing valves parts.

The Plaintiff’s work of processing valves parts was conducted by drilling 4-8 holess using dryfry machines in the valves parts, and then loading them. However, the weight per unit was mainly 5.6 to 13.5 km, and the valve parts with a weight of about 3 kms, and Leber’s height was adjusted by turning them into a dry machine with a weight of about 3 km.

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