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(영문) 인천지방법원 2018.11.13 2017구단647
상병일부불승인처분취소
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 1, 2014, the Plaintiff became a member of the department store B, and applied for medical care benefits to the Defendant, upon being diagnosed as the name of the injury or disease “vertebin febrate few, urine feat No. 4-5,” and being diagnosed as the name of the injury or disease at the Acheon-gu University Hospital as the name of the injury or disease.

B. On July 22, 2016, Defendant 2 approved the “evain salt” and “vertebrate febrate No. 4-5” was subject to the disposition of non-approval for medical care (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the injury and disease’s name “vertebrate No. 4-5” occurred due to the duty to bear the burden, and thus, the Plaintiff should be recognized as a occupational disease.

(b) Plaintiff’s working conditions, medical opinions, etc. 1) - Date of birth 1964 (years 51 as at the time of initial verification): average 8 hours per day, average 6 days per week (day 48 hours per week) - first presented on December 21, 2015, and first presented on May 25, 2016 - previous work performance, such as store management, sales, and goods distribution, etc. - previous work performance capacity: Packaging and sale (Plaintiff’s statement): 12th day of July 2014; 2nd day of December 2014; 3rd day of May 25, 2016; 3rd day of October 2014; 1st day of December 12, 2014; 2nd day of October 1, 2014; 3rd day of pharmacologic or pharmacologic treatment; 3rd day of pharmacologic; and 3 or more articles from Seoul University.

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