logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.09.11 2012구단1069
요양승인처분취소
Text

1. On April 5, 2012, the Defendant’s disposition of approval of medical care rendered to the Intervenor joining the Defendant is revoked.

2. Of the costs of lawsuit.

Reasons

1. Details of the disposition;

A. The plaintiff is a company with the purpose of manufacturing and selling the products for the plaintiff's business, and the defendant joining the defendant is a person who served in the division of the plaintiff's sanitary craft production division from September 1, 1981 to February 29, 1988.

Although the supplementary intervenor asserts that he was old and has no accurate memory, the period of service in the workplace of the supplementary intervenor is recognized as above according to the witness B's testimony.

B. On July 201, the Defendant filed an application for medical care benefits with the Defendant on October 18, 201 after receiving the diagnosis of “original lung cancer” (hereinafter “the instant injury and disease”), and on April 5, 2012, the Defendant rendered a first approval disposition for medical care (hereinafter “the instant disposition”) on the grounds that “the Defendant’s first approval disposition against the Defendant’s Intervenor on April 5, 2012, given that the instant injury and disease have a lock for more than 10 years, it is highly likely for the Defendant to incur material exposed to the Defendant’s work site prior to 200, because the period for which the Defendant had worked in the Plaintiff Company is the largest period.”

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1-1, 2-2, witness Eul's testimony, and the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The gist of the Plaintiff’s assertion was met for 30 years each day of tobacco, which is the risk factor of the instant injury and disease, and the Defendant’s Intervenor was engaged in the business of exposure to the instant injury and disease after the Plaintiff’s withdrawal. In particular, there was no ground for the existence of asbestos, which is a carcinant, in the workplace of the Plaintiff Company, and the Defendant’s Intervenor did not have been exposed to the dangerous environment while working in the official duties rather than the Plaintiff Company’s production department.

Therefore, it is difficult to view the instant injury and disease as a disaster caused by the Plaintiff Company’s work.

(b) the recognition of 1 primary lung cancer, including the occupational lung cancer;

arrow