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(영문) 서울행정법원 2021.02.16 2020구단63064
추가상병불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff (B) was diagnosed by the Defendant on January 4, 1985 to June 30, 2018 as the person working in the Korea Coal Corporation C Mining Office for the coal industry from January 4, 198 to June 30, 2018, and on July 3, 2018, the Plaintiff (B) obtained the Defendant’s medical care approval for the said sick disease.

B. On May 8, 2019, the Plaintiff: (a) diagnosed that “around 3 to 7 inverteline clocks; and (b) applied for additional injury and disease to the Defendant on the basis of the following diagnosis: (c) the escape certificate of congratulation between the 3 to 7 inverteline 3-4-5 in the west; and (d) 2-3-4-5 invertebrate clocks (hereinafter “instant injury and disease”).

(c)

On May 23, 2019, the Defendant rendered an additional measure for non-approval of the injury and disease in the instant case (hereinafter “instant disposition”) against the Plaintiff on the ground that “The injury and disease in the application for non-approval of the injury and disease in the light of the nature of the disease caused by the emerculation change, and it is difficult to recognize the relation with the existing accident and the person.”

(d)

Although the Plaintiff filed a request for review against the Defendant, the Defendant dismissed the Plaintiff’s request on September 24, 2019, and the Plaintiff’s request for review against the Industrial Accident Compensation Insurance Review Committee was dismissed on March 6, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8, 11 (including branch numbers), Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff performed physical labor with high strength, such as the inappropriate attitude, where the Plaintiff sought the use of vibration tools, the handling of heavy objects, and the body was conducted in the mining center. As a result, the Plaintiff’s physical burden was accumulated on the climatic and the climatic side.

Even if each of the instant diseases has the nature of a chronic disease, it should be recognized as having a substantial causal relationship with his/her duties, as it has become worse due to the deterioration of nature due to his/her duties. However, the instant disposition taken on a different premise is unlawful.

B. Determination 1).

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