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(영문) 수원지방법원 2020.08.14 2019구단2729
요양급여불승인처분취소
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 May 3, 2017, the Plaintiff was an employee who became a member of the Plaintiff Company B, and has been engaged in pipes, equipment, and entertainment business for over 30 years before and after the entry of the said Company.

B. On October 2017, the Plaintiff asserted that “the instant injury and disease” was diagnosed, and that the Plaintiff was exposed to various hazardous substances, such as cement, metal dust, hazardous gas, melting fume, etc. for more than 30 years with piping equipment and solution, and that there is a proximate causal relation with the Plaintiff, on July 2, 2018, that there was a physical excess and mental stress arising while working in a quantity of nine hours per day, and that there was a proximate causal relation with the Plaintiff’s application for medical care benefits.

C. On December 6, 2018, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize the proximate causal relation between the instant shopping branch and the business.

On January 17, 2019, the Plaintiff filed a petition for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on January 17, 2019, but the petition was dismissed on April 18, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 9, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that there is no genetic person or family capacity related to the instant upper branch. The Plaintiff was engaged in pipes, equipment, and melting business with a high business strength of 9 hours a day and 6 days a week for 30 years, and was exposed to harmful light vessels, such as chronic physical or mental stress, and exposed to meme, decision-making free acid, harmful gas, and outboard vessels. In full view of these facts, the injury to the upper branch of this case is known as a cause of the outbreak or aggravation of immunity. In addition, the disease of this case occurred or is caused by the Plaintiff’s work.

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