logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.05.13 2015구단4573
최초요양급여불승인처분취소
Text

1. The Defendant’s disposition of refusal to grant the first medical care benefit application to the Plaintiff on January 22, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On December 8, 2014, the Plaintiff filed a medical care benefit application with the Defendant asserting that “Around 10:00 on July 30, 2014, the Plaintiff was subject to an accident of injury in spine, while engaged in dismantling the upper floor pipe at the construction site in Samsung Dpplate B located in Asan-si, and that due to this, the Plaintiff received a diagnosis of the credit forecast signboard escape certificate (No. 4-5 presumed and No. 5 deemed-100 (hereinafter “the instant injury and disease”).”

B. Accordingly, on January 22, 2015, the Defendant rendered the first disposition of granting medical care benefit payment (hereinafter “instant disposition”) in accordance with the Plaintiff’s advisory opinion that there is no clear evidence to prove the Plaintiff’s accident, and that there is no causation between the cause of the accident alleged by the Plaintiff and the injury of the instant case.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 6, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff sustained an injury on the part of the construction site while continuously he/she he/she was he/sheed with a heavy pipe around 10:00 on July 30, 2014 during the process of dismantling the pipe pipe on the upper floor in the construction site at the construction site at issue and continuously delivered it to the watcher, and there is a proximate causal relation that the instant wound was caused and deteriorated due to an accident during the performance of his/her duties.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

B. Determination 1) The following facts do not conflict between the parties, or each of the evidence Nos. 1, 2, 2-1, 3-1, 6, 8, 9-2, 1, 2-3-1, 6, 8, 14-2, and 1, 3, 6, 7, 8, 11, and 14-2, and 6-2, 12-1, 12-2, 13-2, and 13-2 of the evidence No. 12-1, 200, 3, 6, 7, 8, 11, and 14, and 3-2 of the evidence No. 12-1, 200, the Plaintiff is a subordinate company of Samsung Engineering Engineering Co., Ltd. on July 23, 2014.

arrow