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(영문) 서울행정법원 2018.08.31 2018구단50454
요양일부불승인처분 취소
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 June 1986 to December 31, 2015, the Plaintiff conducted a cutting work, etc. at the Daewoo Shipbuilding Marine Co., Ltd., and on February 6, 2017, the Plaintiff was diagnosed as “the instant injury and disease (hereinafter “the instant injury and disease”), “the part of the mutual sponion, the left-hand sponitis,” “the part of the mutual sponion, and the part of the outer spony insponion on the left-hand side”, and applied for medical care benefits to the Defendant on February 14, 2017.

B. Accordingly, on May 31, 2017, the Defendant approved the medical care for the instant injury to the Plaintiff (hereinafter “instant disposition”) according to the determination of the Busan Occupational Disease Determination Committee, “The instant injury and disease is not deemed to have a proximate causal relation with the Plaintiff’s work.” In accordance with the determination of the Busan Occupational Disease Determination Committee, the Defendant rendered a decision not to approve the medical care for the instant injury and disease (hereinafter “the instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on August 18, 2017, but was dismissed on October 27, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff carried out a 29-year set-off operation at the Daewoo Shipbuilding Marine Co., Ltd., and carried out a 29-year set-off operation. The Plaintiff was under considerable burdens on the left-hand side while working with construction sections exceeding 3 to 20 km, such as the cutting machine, flag, and rogra, and was otherwise subject to considerable burdens on the left-hand side, and there is no other personal history, such as a hobby activity or an accident that may cause the injury or disease in

Therefore, even though the injury or disease of this case was caused by the Plaintiff’s work, the disposition of this case on a different premise is unlawful.

B. The diseases caused by occupational accidents under the Industrial Accident Compensation Insurance Act are during the performance of duties of workers.

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