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(영문) 창원지방법원 2019.10.02 2017구단276
요양일부불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of disposition;

A. On October 30, 1987, the Plaintiff joined B Co., Ltd. and filed an application for medical care with the Defendant on January 1, 2014, when he/she retired from the Republic of Korea on January 1, 2014, and on July 6, 2016, he/she applied for medical care on the left-hand revolving revolving revolving revolving, the left-hand revolving, the left-hand-hand-hand-hand-hand-hand-hand-consect, the left-hand-consecting-consect, the left-hand-consecting-consect, and the left-hand-consect.

B. Accordingly, on September 23, 2016, the Defendant rendered a disposition of non-approval of the part of the medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff is deemed to have a relation to the business, but the left-hand shoulder fever is deemed to have a relation to the business.” The Defendant rendered a disposition of non-approval of the part of the medical care (hereinafter “instant disposition”).

C. On January 20, 2017, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but a ruling dismissing the Plaintiff’s request was issued.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 7, 8, 9 (including paper numbers) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was unlawful in the instant disposition that denied proximate causal relation with his duties even though the instant injury and disease occurred due to the work of kneeing the building of a ship using a sloping bridge for about 23 years since 1987, and imposing such a burden on knee.

B. (1) Determination (1) In order to become an occupational accident under Article 4 subparag. 1 of the Industrial Accident Compensation Insurance Act, there must be a causal relationship between the occupational and the disease. However, if the main cause of the disease was not directly related to the performance of the duties and the occupational road, etc. overlaps with the main cause of the disease and causes or worsens the disease, the causal relationship should be deemed to exist.

The causal relationship must be clear in medical, natural and scientific terms.

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