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(영문) 대구지방법원 2017.05.26 2016구단1672
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. The Plaintiff is a worker who works in B Co., Ltd. (hereinafter “Nonindicted Company”), and was diagnosed as “G5-S1” and “G5-S1” around February 3, 2016.

(hereinafter “instant injury and disease”). B.

On March 24, 2016, the Plaintiff filed an application for medical care benefits with respect to the instant injury and disease, and on May 2, 2016, the Defendant rendered a non-approval of the Plaintiff’s application for medical care benefits.

(hereinafter “instant disposition”). C.

The Plaintiff filed a petition for review against the instant disposition, but the Defendant dismissed the petition for review on the ground that there is no proximate causal relation with the instant injury and disease.

The Plaintiff filed a request for reexamination, but was dismissed by the Industrial Accident Compensation Insurance Reexamination Committee on August 11, 2016.

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

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the injury or disease occurred during 12-15 hours a day on a long-term and long-distance trip while working for the non-party company even though the Plaintiff did not have a disease related to the pre-existing He had no disease. The instant disposition that allowed the non-approval of the medical care was unlawful.

B. In full view of the statements in Gap evidence Nos. 1 to 4, Eul evidence Nos. 2 to 5, and Eul witness's testimony, the following facts can be acknowledged.

1) The Plaintiff’s work content A) is a company that engages in online sales business, etc., and the Plaintiff joined the Nonparty company on July 1, 2015 and served as the head of the online business division, who retired on February 20, 2016.

B) On the basis of the planning of online sales business, the organization of the business, the employment of the number of employees, etc. immediately after the entry, and thereafter, the Plaintiff engaged in PC work and general affairs while operating businesses, such as the development of online shopping mall and the development of products. C)

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