logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.04.27 2016구단57826
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is working as the digging-out worker of the Korea Coal Corporation (hereinafter “Korea Coal Corporation”) from May 7, 2007 to February 28, 2013.

The retirement was made.

From September 1, 1980 to January 29, 1990, the transferor worked as the digging line in C Mining Complex.

On June 19, 2015, the Plaintiff was diagnosed as “the right-hand side of the revolving the revolving the president of the National University Hospital” (hereinafter “the following”) and filed an application for medical care benefits with the Defendant on September 7, 2015.

The Seoul Occupational Disease Determination Committee, on September 23, 2015, showed a negative opinion on the part of the combation, and judged that it is highly likely to be changed due to age increase compared to work relations, and thus it is difficult to recognize it as a work-related injury injury. Accordingly, on September 24, 2015, the defendant notified the plaintiff of the decision of non-approval (hereinafter referred to as the "instant disposition").

Although the plaintiff filed a request for examination against this, it was dismissed on December 16, 2015, and the second request for reexamination was made again, but it was also dismissed on April 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 2, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff had been suffering from the injury or disease of this case while working in a mine for about 20 years, with a long period of time on the shoulder part of the shoulder, such as astronomical work, light stone treatment, and prop construction.

The Defendant’s disposition that did not recognize a proximate causal relation with his duties is unlawful, even though the Plaintiff’s injury or disease was caused by the Plaintiff’s performance of such duties or aggravated beyond the natural progress.

B. The term "occupational accident" under the Industrial Accident Compensation Insurance Act means the injury, disease, disability or death of a worker caused by an occupational reason, and in order to be recognized as a occupational accident, the accident in question is attributable to the occupational accident.

arrow