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(영문) 서울행정법원 2013.08.22 2012구단25302
요양일부승인처분취소
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. From July 1, 2012, the Plaintiff asserted that, as an employee under the short-term contract of Ath Eth Eth Eths Co., Ltd. (hereinafter “Nonindicted Company”), he was working at the construction site of Althari Skida Skida and piping pipes, the Plaintiff applied for medical care benefits by asserting that, around 13:00 on July 28, 2012, the Plaintiff was unable to find out that he/she was on the floor, and that he/she was faced with the head part on the pipe that was loaded on the floor while going beyond the future, and that he/she was suffering from the injury of the pipe that was loaded on the floor (hereinafter “the instant accident”).

B. Accordingly, on August 30, 2012, the Defendant approved the medical care for the “scopical base” on the ground that the “scopical emergency escape certificate” (hereinafter “the instant injury and disease”) was observed by the scopic formation, etc., and the non-approval disposition on the ground that the instant injury and disease was determined to be an existing disease due to the scopical change (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Eul Eul evidence 2, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had worked as a daily worker for about 30 years, and had been repeatedly engaged in an unstable attitude and long time-fixed work in light of the situation where the Plaintiff had been at the construction site’s risk to exist in the elements of the above construction site, and thereafter, the instant injury occurred.

Therefore, the main cause of the Plaintiff’s injury and disease in this case ought to be deemed to be caused by the instant accident. Even if there was a brutal disease, the instant injury and disease in this case should be deemed to have been caused by the aggravation of existing diseases beyond natural progress. Therefore, even if they constitute a single mother or occupational accident, they constitute a different premise.

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