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(영문) 서울행정법원 2020.08.19 2020구단51054
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 December 15, 2018, the Plaintiff worked as a worker employed by B and applied for medical care benefits to the Defendant on the diagnosis of “the upper disease of this case (hereinafter referred to as “the upper disease of this case”), the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-hand-hand-hand-on-hand-hand-hand-hand-on-hand-hand-on-hand-hand-hand-hand-on-hand-on-hand-hand-hand-hand-hand-hand-down-out-out-out-out-out-hand-out-out-out-out-hand-hand-hand-on-hand-on-hand-hand-hand-out.”

B. The Defendant approved medical care for the remainder of the injury and disease except the injury and disease in the instant case; however, the Defendant issued a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that the injury and disease in the instant case is not clearly identified.

C. The Plaintiff appealed to the instant disposition and filed a petition for review and reexamination, but the Plaintiff’s review and reexamination were dismissed, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 1 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the injury or disease in the instant case occurred due to the handling of heavy goods, continuous shouldering operations, etc. at the shipbuilding yard for 35 years, and the injury or disease in the instant case should be recognized as occupational disease.

On a different premise, the defendant's disposition of this case should be revoked as it is unlawful.

B. According to the Industrial Accident Compensation Insurance Act, the term "occupational accident" refers to the injury, disease, physical disability, or death caused by a worker's occupational failure in the course of performing his/her duties, and there is a proximate causal relation between his/her duties and the disaster. Such causal relation does not necessarily have to be proved clearly in medical and natural science, and it is presumed that there is a proximate causal relation in light of all the circumstances, such as indirect facts, etc., but the burden of proof is proved.

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