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(영문) 서울행정법원 2017.11.02 2016구단28224
요양불승인처분취소
Text

1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on August 22, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On September 28, 2015, the Plaintiff, who was employed in the B Care Center of the G Care Center on July 29, 2013 and was working as a cook, applied for medical care to the Defendant after receiving a diagnosis of “the instant accident” (hereinafter “the instant injury”) and “the instant injury”) on the front left shoulder, by putting rice into a foundation for the formation and operation of a foundation, and putting a serious pain on the left shoulder (hereinafter “the instant accident”).

B. On August 22, 2016, the Defendant issued a disposition not to approve the said application (hereinafter “instant disposition”) on the ground that “The instant injury and disease appears to have been exposed to the same age group, and it is difficult to recognize a proximate causal relationship with the Plaintiff on the ground that it does not seem that the intensity of the cooking work performed by the Plaintiff does not exceed natural progress, and it does not seem to have increased the burden.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 (including provisional number), Eul evidence 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had been using a shoulder continuously as a cook for not less than two years, dealt with heavy objects, and repeatedly carried out an operation which is a string day or a string, etc. The instant injury and disease occurred due to the above tasks that are unreasonable on the shoulder, or aggravated beyond the natural progress.

I would like to say.

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

B. Fact-finding 1) On July 29, 2013, the Plaintiff was employed as a cook and worked in a kitchen. The Plaintiff’s duties are cooking, cooking, and cleaning. 2) The meal service room consists of 8 persons, such as 1 dietitians, 1 kitchens, 6 kitchens, and 18:30, and 15:00, a low-work worker from 09:0 to 18:30, and a baby bed from 05:30 to 15:00, and a baby bed 1 to 2, a two-month shifts to 3 months, and a three-day work is made a day off.

3 Average 3.

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