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(영문) 창원지방법원 2020.08.12 2019구단10789
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of disposition;

A. On August 1, 2018, the Plaintiff entered the G Co., Ltd. (hereinafter “instant place of business”) located in Kimhae-si, Kimhae-si, and worked as an employee engaged in livestock and livestock breeding, and applied for medical care benefits to the Defendant Corporation on November 15, 2018, when he/she was faced with the ground that he/she was faced with the ground that he/she was faced with in the cooling room on October 30, 2018 (hereinafter “instant accident”). On the same day, the Plaintiff was faced with the ground that he/she was faced with the ground that he/she was faced with (hereinafter “instant accident”) and applied for the medical care benefits to the Defendant Corporation on the same day.

B. On January 23, 2019, the Defendant approved the medical care for the reason that the “satisfyed salt on the left side” was clear, and the Defendant issued a non-approval disposition of medical care (hereinafter “instant disposition”) on the ground that the “satisfyed salt on the left side” (hereinafter “instant injury”) is not a acute trauma, but a blood species or sub-satisfy, etc. on the following day, in accordance with a medical opinion that the blood species, sub-satisfy, etc. are not confirmed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that prior to the instant accident, the Plaintiff did not receive treatment related to the left-hand check, and that the instant injury and disease was confirmed and received treatment. As such, the causal link between the instant injury and the injury and disease was recognized, the instant disposition taken in the entirety is unlawful.

B. The term "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an employee's injury, disease, physical disability, or death caused by his/her occupational accident during the performance of his/her duties. Therefore, there should be causation between the occupational accident and the disaster, and it should be proved by the assertion.

Further to all the above evidence in this case.

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