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(영문) 서울행정법원 2018.04.26 2016구단54674
요양불승인처분취소
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 November 20, 197 to June 30, 1989, the Plaintiff served as the Korean-China Mining Complex, the Yellow Mining Complex, the Yellow Blue coal mine, and the Taebule coal mine for about seven to eight years. From September 18, 1989 to August 31, 2016, the Plaintiff served as a high-speed bus driver at the Young-Kackckin Co., Ltd. for about twenty-six years from September 18, 1989, as a high-speed bus driver. From around 26 years from August 31, 2016 due to continuous respiratory difficulties, the Plaintiff was diagnosed as “ordinary liver concentration” (hereinafter “the instant injury”). On January 27, 2015, the Plaintiff applied for medical care benefits to the Defendant.

B. On March 30, 2016, the Defendant rendered a non-approval of the application for medical care benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff’s level of exposure to coal and determined-type glass dust is low, and the total exposure period is not much short, and it is difficult to recognize a proximate causal relation between the business branch of the instant case and the injury branch because it does not have to be exposed” (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1, the purport of whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion continued to be exposed to high concentration coal and determined-type glass dust while engaging in business, such as coal and digging for about 10 years. Even after withdrawal from the coal mine, the Plaintiff served as an express bus driver and was exposed to harmful substances, such as smoke, asbestos, etc.

In addition to the above occupational ability, there is no other reason to cause the Plaintiff’s disease, and the injury of this case has a proximate causal relation with the Plaintiff’s work.

The defendant's disposition of this case based on the different premise is unlawful.

B. 1) The Plaintiff’s opinion (Tol University Seoul Escar Hospital) was diagnosed as the instant injury and disease due to the confirmation of the UIP volume.

The plaintiff is engaged in coal and digging in mining stations.

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