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(영문) 서울행정법원 2019.06.27 2018구단69083
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. From February 20, 1980 to May 15, 2014, the Plaintiff (B) served as the Korea Coal Corporation’s Chief Mining Corporation for the period of 34 years from February 20, 1980 to May 15, 2014.

B. On January 22, 2018, the Plaintiff: (a) diagnosed “the instant injury and sacratosis in the Magman Hospital of the Korea Workers’ Compensation and Welfare Service (hereinafter “the instant injury and disease”); and (b) filed an application for medical care benefits with the Defendant.”

C. On June 5, 2018, the Defendant rendered a decision not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “the instant injury and disease is confirmed, but this is determined as an opinion to be observed in the course of natural progress rather than duties, and it is difficult to recognize a proximate causal relation with the duties” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff continued to use vibration tools, sn beam beam movement and installation, fire-fighting work, and repeated use of horses and insertings while working in a long-term mining center and caused the injury and disease of this case.

Therefore, even if there is a proximate causal relationship between the Plaintiff’s business branch of this case, the instant disposition was unlawful on a different premise.

(b) Recognition 1) Medical opinions are confirmed as a result of the examination of medical images, such as the Seoul Committee for Determination of Medical Diseases, records of the Committee for Determination of Medical Opinions, and MRI, and the injury to the disease of this case. In this context, the alley of the Gyeongdo is formed on the part of the supervising section, and the initial cliffitis (the opinion of changes in the clib

In general, the injury and disease in the instant case is the front time of withdrawal of rest and is not an opinion to the extent that symptoms will continue for a long time.

As a result of the request of medical records to the Chief of the Seoul National University Hospital, the accurate cause of the instant injury and disease is not known, but the chronic transformation and scarcity of the first time for the instant injury and disease.

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