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(영문) 전주지방법원 2016.10.19 2015구단936
요양불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff joined Hyundai Motor Co., Ltd. on August 24, 2004, and thereafter, the Plaintiff has been working for about 10 years and 6 months from the passenger voting time team and the large passenger voting time team, which is a manufacturer of electric poles' automobile.

B. Around 8:00 on February 12, 2015, the Plaintiff sleeped her fluorum, etc. on the right shoulder from the passenger voting team of the large passenger voting. Since then, the Plaintiff was diagnosed on February 14, 2015 at the hospital as a result of the inspection, such as MRI, etc., on the right shoulder epiculation, the right epiculation belt, the right epiculation belt (hereinafter “the instant injury”).

C. On March 4, 2015, the Plaintiff applied for medical care with respect to the instant injury and disease. However, the Defendant’s medical care application for the instant injury and disease was confirmed by MIM Prosecutor, but the process of carrying the shoulder at the time of the mid-to-date majority voting conducted during the past 10 years is not confirmed, and the process of carrying the shoulder at the time of the mid-term majority voting that was carried out at the present time is one minute for each day, and the process of carrying the shoulder at the time of the large passenger voting that was carried out at the present time is deemed to be a maximum of two minutes for each day. In light of intensity, work hours, repetition, etc., it cannot be deemed as a burden work that may cause the instant injury and disease, and thus, on May 4, 2015, the Defendant issued a disposition of non-approval of medical care (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 10 evidence (if there are additional numbers, including each lot number application; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. In light of the contents and intensity of the Plaintiff’s assertion, the instant injury and disease occurred due to continuous and repetitive work, but on different premise, the Defendant’s disposition of this case should be revoked in an unlawful manner.

B. (1) The Plaintiff’s employment history from January 2002 to August 2004 is about two years and six months.

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