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(영문) 수원지방법원 2018.01.26 2017구단1074
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. (1) On May 30, 2016, the Plaintiff was an employee of Mafex Co., Ltd., and filed an application for medical care benefits with the Defendant upon the diagnosis of the MRI’s results of MRI on July 19, 2016, following the diagnosis of the Haf Pot Pot (5-6, 5-6, 5-7, and 8-7) in the process of raising the Hot Pot Pot (5-6, 6-7) product from the aforesaid company’s Hot Pot Pot (5-6).

B. On January 24, 2017, the Defendant issued a medical care non-approval disposition (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff’s Medical data, such as MRI, are observed at the conical signboard between 5-6 and 6-7, and the fact that there is no proximate causal relation with the duties of the applicant branch when comprehensively considering the details of the duties, etc.”

Article 22(1) of the Industrial Accident Compensation Insurance Review Committee (hereinafter “Industrial Accident Compensation Insurance Review Committee”) was dismissed on June 14, 2017.

【Non-contentious facts, Gap’s evidence Nos. 1, 2, 34, Eul’s evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. (i) The “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to the injury, disease, disability or death of a worker caused by his/her occupational performance while performing his/her duties, and thus, there is a causal link between the occupational and the disaster.

In addition, the causal relationship is not necessarily required to be proved clearly by medical or natural science, but to be proved if there is a proximate causal relationship between the work and the disease, considering all the circumstances, and the basic disease or existing disease that can normally work in peace is due to excessive work, etc. and is at least the natural progress speed.

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