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(영문) 서울행정법원 2017.08.10 2016구단61047
요양불승인처분취소
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. On October 14, 2006, while the Plaintiff was on duty as a full-time driver at Daejeon Metal Co., Ltd. (hereinafter “Nonindicted Company”), the Plaintiff was diagnosed with “porizontal escape certificate (on the left side), 4-5 invertebrate stabilization certificate, and chronon column” due to an accident that is caused by being loaded onto a cargo vehicle on October 14, 2006. The Plaintiff received medical care from the Defendant only for “paton column” among the above soldiers on the application, with the approval of medical care for occupational accidents.

B. After that, on January 18, 2016, the Plaintiff asserted that he/she suffered from He/she from He/shes in the house part, etc., which was fixed, which was at the time when he/she had connected to the fruit to load a truck, and applied for medical care to the Defendant. The Plaintiff asserted that he/she suffered from “the escape certificate of the conical signboard between the 3-4th century (e.g., the e., the e., the e., the e., the e.g., the e., the e., the e., the e., the e., the e.b.

C. Accordingly, on April 15, 2016, the Defendant rendered a decision not to approve the application for medical care (hereinafter “instant disposition”) on the ground that it is difficult to recognize a proximate causal relationship between the Plaintiff’s occupational duties, on the grounds that the instant injury and disease appears to have deteriorated due to the natural progress of the existing disease.

Although the Plaintiff dissatisfied with the instant disposition and filed a request for reexamination, the Industrial Accident Compensation Insurance Reexamination Committee decided to dismiss the request.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff dealt with heavy weight while serving as a driver at a 11 year or more, and carried out the burden work by repeating repeated work in inappropriate attitude, and thereby, the disease in this case was caused or aggravated to a level above the natural progress level. However, the disease in this case is the disease in the past.

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