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(영문) 서울행정법원 2016.08.25 2015구단9103
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff is a person who has worked as a petitative source in the Dong-dong B Mining Center during the period from November 9, 1988 to December 31, 2012.

On August 27, 2013, the Plaintiff asserted that there was an ex post facto disease on both sides due to the Plaintiff’s work, and applied for approval of medical care related to the above injury and disease. On November 26, 2013, the Defendant rendered a disposition to recognize the disease on the left side of the Plaintiff on the ground that there was a causal relation with the Plaintiff’s work, and thus, it is recognized as an occupational disease, but that the ex post facto disease on the left side of the Plaintiff (hereinafter “the instant injury and disease”).

Accordingly, on March 25, 2015, the Plaintiff applied for the approval of the medical care again to the Defendant. On April 13, 2015, the Defendant rendered a disposition not to approve the Plaintiff’s application for the same reason (hereinafter “instant disposition”).

【Ground of recognition” without any dispute, Gap evidence 1-1-3, Gap evidence 2-2, and Eul evidence 3, and the purport of the entire argument as to the validity of the disposition of this case as a whole, the plaintiff asserted that the disposition of this case is legitimate, and the plaintiff was exposed for a long time to the State vibration by putting the vibration tools as both descendants and engaging in carbon work for a long time.

Accordingly, after observing the plaintiff and inspecting the rano cans, it was diagnosed that there is an ranoar group on the right hand of the plaintiff as well as on the left hand of the plaintiff.

As such, the Defendant’s disposition of this case which rejected the Plaintiff’s application on the ground that the result of the Rano can only be sufficiently diagnosed the Rano Norm, and that the Rano Norm did not clearly diagnose the instant injury or disease even though the Rano prosecutor was not an essential prosecutor for the Rano Norma examination.

The Radar Normia group of medical opinions is at low level due to various causes, such as the disability of blood circulation, without any special reason.

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