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(영문) 울산지방법원 2018.05.09 2017나2595
공문서 허위기재 기타비용
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 1, 2015, while becoming a member of the Defendant and serving in the Ulsan Factory, Ulsan, the Plaintiff was engaged in incidental work using PA by using piracy (hereinafter “instant work”). From November 1, 2015 to November 30, 2015, the Plaintiff was engaged in the instant work.

B. Afterwards, the Plaintiff was diagnosed by the Central Hospital of the Jung-gu Medical Foundation (hereinafter “the instant injury and disease”), and filed an application for medical care benefits with the Korea Workers’ Compensation and Welfare Service, asserting that the instant injury and disease was caused by the instant work on July 25, 2016.

C. At the time of the Plaintiff’s application for medical care benefits to the Korea Workers’ Compensation and Welfare Service, C, the representative director of the Defendant, did not affix a seal to the confirmation column that the circumstances alleged by the Plaintiff are true.

In addition, C submitted to the Korea Workers' Compensation and Welfare Service a written opinion on the Plaintiff's application for medical care benefits (hereinafter referred to as "written opinion of the instant policyholder") and a written confirmation of facts for workplace (hereinafter referred to as "written confirmation of facts of this case"). D.

On September 7, 2016, the Korea Workers’ Compensation and Welfare Service rendered a disposition not to grant medical care (hereinafter “instant disposition”) against the Plaintiff on the ground that “it is difficult to recognize a proximate causal relationship between the instant trade branch and the Plaintiff’s business.”

E. On December 2016, the Plaintiff filed a request for examination against the instant disposition, and the Korea Labor Welfare Corporation rendered a decision to dismiss the Plaintiff’s request for examination.

F. After that, the Plaintiff filed an administrative litigation seeking the revocation of the instant disposition with the Ulsan District Court (hereinafter “relevant administrative litigation”) (see, e.g., Supreme Court 2016Guhap975), and the said court rendered a judgment dismissing the Plaintiff’s claim on April 13, 2017.

The plaintiff appealed against the above judgment and appealed to the Busan High Court (the above court 2017Nu21296), and the above court on December 6, 2017.

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