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(영문) 서울행정법원 2018.05.11 2017구단65619
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 February 25, 1987, the Plaintiff joined the Daewoo Shipbuilding Marine Co., Ltd. (hereinafter “Nonindicted Company”) and was in charge of washing the work clothes, etc. of employees from around the above time to October 2001. From November 201, 201 to December 201, the Plaintiff was in charge of the repair of light equipment and the coloring of the electrical panel.

B. On February 2, 2017, the Plaintiff filed an application for medical care benefits with the Defendant on May 17, 2017, on the ground that there was no proximate causal link between the occurrence of the instant injury and the Plaintiff’s work, and the Defendant rendered a disposition of refusal of medical care (hereinafter “instant disposition”) against the Plaintiff on May 17, 2017, on the ground that there was no proximate causal link between the occurrence of the instant injury and the Plaintiff’s work.

[Judgment of the court below] Facts without a dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is clear that the plaintiff carried out the duty to shoulder while working in the non-party company, and thereby, the injury or disease in this case occurred.

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

B. Determination of Gap evidence Nos. 8-1, 2, and Eul evidence Nos. 2 and 3; the result of the request for the examination of medical records to the head of Seoul Hospital affiliated with the Macheon National University of the court; the result of the fact-finding to the non-party company of this court; i.e., the following circumstances, where the non-party company of this court can be aware of the overall purport of the arguments, i.e., ① the revolving revolving the revolving of the revolving class Nos. 8-1, 2, and 2, and 40 or more times, and the frequency of the occurrence is increased by the age increase.

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