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(영문) 울산지방법원 2016.08.25 2015구합6556
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 October 5, 199, the Plaintiff (B) joined a stock company transporting light livestock products (hereinafter “non-product company”) and was in charge of the upper and lower-tier business and supply business of cattle and pigs slaughtered.

B. On March 25, 2015, the Plaintiff: (a) was diagnosed as “pappropopic fluorism, escape certificate, and vertebrate ppuri disease certificate” No. 5-6-7 of the Gyeongyang University, which had a pain on the left left-hand shoulder; and (b) was diagnosed as “popical fluorism,” and (c) was conducted by the above hospital on May 7, 2015.

C. On June 12, 2015, the Plaintiff filed an application with the Defendant for medical care benefits of this case (hereinafter “instant medical care benefits of this case”) with the Defendant on the following grounds: “Indition of spinal chronism No. 4-5 in the left side, spinal chronism No. 5-6 in the left side, spinal chronism No. 6-7 in the left side, the vertebronism No. 6-5 in the left side, the vertebron chronism No. 5-6 in the left side, the vertebron chronism No. 6-7 in the left side, and the Plaintiff applied for medical care of this case (hereinafter “instant 2ndopic chronism”), but the Defendant did not have any proximate causal relation between the instant 1 and 2ndic disease.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 1-3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s assertion from October 5, 199 to the work contents and period during which the Plaintiff worked in the company from around October 5, 199, the injury and disease in this case occurred as a result of repeated force in the Plaintiff’s work process or aggravated beyond the natural progress, and thus, there is a proximate causal relation between the occurrence of the injury and the Plaintiff’s work.

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