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(영문) 인천지방법원 2014.12.16 2013구단1109
상병일부불승인처분취소
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 March 16, 2012, the Plaintiff applied for medical care benefits to the Defendant for the injury or disease of the “verteb ebbb, 3-4, 3-4, verteb, verteb, verteb chron,” on the ground that the Plaintiff discarded food waste around 01:30 on March 19, 2012 (hereinafter “the instant disaster”).

B. On July 17, 2012, the Defendant approved the “inverte salt” but disposed of non-approval on the ground that there was no causal link between the instant disaster and the instant accident on the vertebrate 3-4 and vertebrate 3-4-5 (hereinafter “the instant wound”).

(hereinafter referred to as “instant disposition”). C.

On February 7, 2013, the plaintiff filed a request for examination against this, but was dismissed on February 7, 2013, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee on May 29, 2013

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, 3, and 6

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion did not have any record of being treated as the instant injury and had no record of being treated as the instant injury prior to the instant accident. While receiving preservation treatment due to a disaster during working hours, but led to receiving diagnosis of the said injury since the situation was not improved, and thus, proximate causal relation with the instant accident should be acknowledged.

Therefore, the defendant's disposition of this case on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. (1) The term "occupational accident" under the Industrial Accident Compensation Insurance Act means an employee's injury, disease, disability or death resulting from an occupational reason, and a disease resulting from an occupational injury shall be deemed an occupational accident as it falls under an occupational accident.

In order to recognize an occupational disease, the proximate causal relation between the work and the disease should be medically recognized, and the basic disease or the existing disease must be naturally occurring.

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