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(영문) 서울행정법원 2018.03.08 2017구단50327
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. From September 1, 1987 to May 31, 201, the Plaintiff worked in the Korea Coal Corporation Korea Coal Corporation (hereinafter referred to as the “Korea Coal Corporation”) as an digging aids, from August 1, 2012 to March 31, 201, respectively at the functional production station (hereinafter referred to as the “functional production station”), and thereafter, on July 1, 2016, the Plaintiff was diagnosed by the Korea Coal Corporation (hereinafter referred to as the “Korea Coal Corporation”), and applied for medical care benefits to the Defendant.

B. On August 19, 2916, the Defendant rendered a decision not to approve the Plaintiff’s non-approval (hereinafter “the instant disposition”) on August 19, 2916, on the ground of the result of the Seoul Decision of the Seoul Decision of the Determination Committee on the Management of Occupational Diseases, that “The Defendant performed the mining and coal collection work that may impose a burden on shoulders for 23 years and for 3 years and 8 months work as a wastewater treatment worker. It is confirmed in the certificate of career that the instant work was performed as a wastewater treatment worker. Although the instant work is confirmed to the extent that the instant work is likely to be deemed as a disease in the same age group, it would not have a proximate causal relation with the work as a minor damage caused by the increase of the age rather than the work-related

C. The Plaintiff filed a request for examination with the Defendant, but the Defendant rendered a decision to dismiss the Plaintiff’s claim on November 8, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff, as a member of the water purification plant of the functional production plant that performs all the tasks directly connected to the mine, added the burden to the injury and disease department of this case by carrying out the business of investmenting, etc., was accumulated, and that the Plaintiff carried out the duty of physical burden from the mine for a long time before the position of the functional production plant, the medical examination of the injury and the medical examination of the injury and the medical treatment of this case at the National University Hospital is necessary.

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