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(영문) 부산지방법원 2015.06.17 2014구단674
재요양불승인처분취소
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 January 12, 2013, while the Plaintiff was treated as the principal product producer in the Company B (hereinafter “instant company”), the Plaintiff was diagnosed on the “vertebrate Track Track Track Track” and “The 5th Track Track Track Track Track Track” (hereinafter “the instant injury”).

B. On July 19, 2013, the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant, but on September 30, 2013, the Defendant rendered the instant disposition rejecting the application for medical care benefits on the ground that it is difficult to recognize the injury and disease of the Plaintiff, but it is difficult to deem that the injury and disease occurred in relation to the performance of duties due to lack of work ability.

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

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion continued to be aware of booming or maintaining inappropriate attitude a day from October 2006 to June 2013 in the process of producing 11 hours per day from the instant enterprise, the instant injury and disease was caused by engaging in the business that imposes an excessive burden on booming for a long period of time, and thus, proximate causal relation is recognized.

Therefore, the defendant's disposition of this case, which was judged differently, is unlawful.

B. Determination 1) In addition to the purport of the entire pleadings in the descriptions and videos of Gap's 2, Gap's 4, 5, 7 through 13 (including paper numbers), the plaintiff was able to see, after joining the business entity of this case, articles up to 5 km to 30 km per day in the course of performing the work of separation of a type from the main production source and the work of a mix-type lading death, the plaintiff was able to shot up or sit up at the level of 5 g to 30 km per day.

The plaintiff performed the duty of imposing a certain burden on the essential part by setting up work in a way that he was placed, and the injury and disease of this case at C Council members on January 12, 2013.

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