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(영문) 수원지방법원 2017.12.15 2016구단9538
요양급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On October 1, 2014, the Plaintiff entered into a private business chain “C”, which is operated by the Plaintiff, as of October 1, 2014, and carried out high-frequency heat processing work to arrange documents and provide livelihood support.

On October 13, 2015, the Plaintiff appeared at the morning, and was discharged after being diagnosed as “cerebrovascular” at D Hospital, and transferred to the Dongsung Hospital of the Korea National University after being hospitalized. However, even thereafter, the symptoms, such as algos, bedclothes, etc., such as algos, were serious, and the Plaintiff was hospitalized at the Dongsung Hospital of the Korea National University on October 23, 2015, and received an emergency algotition (the Plaintiff was pregnant at that time) on October 26, 2015.

The name of the Plaintiff’s disease stated in the medical certificate of December 17, 2015, prepared by the medical doctor E affiliated with the Machipo-si Hospital, is “(s) Machi-si Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Machi-Ma(s).”

On May 30, 2016, the Plaintiff filed an application for medical care benefits for industrial accidents with the Defendant.

B. On September 12, 2016, the Defendant issued a medical care non-approval disposition (hereinafter “instant disposition”) on the ground that it is difficult to acknowledge a proximate causal relation with the business of the Plaintiff on the ground that: (a) the “cerebrovascular species” in the applicant’s disease is a low-related personal disease; and (b) with respect to the “cerebrscular” in the applicant’s disease, it is difficult to recognize a proximate causal relation with the business that is caused by the natural aggravation of the individual disease, on the basis that it is difficult to find a proximate causal relation with the business that is likely to be caused by the natural aggravation of the individual disease without confirming the special occupational burden to the degree of causing the above injury.

【Court-Appellants 1, 7, 8, 18 (including paper numbers), the purport of the whole pleadings

2. (i) Whether the instant disposition is legitimate, Article 5 of the Industrial Accident Compensation Insurance Act.

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