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(영문) 울산지방법원 2019.06.13 2019구단351
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. The plaintiff was working for the agricultural company B Co., Ltd. (hereinafter "the company of this case"). The company of this case was engaged in civil engineering work, such as building site preparation and road construction, etc. for building buildings in mountain, and the plaintiff was in charge of the work of directly piling up stone, transporting building materials and packaging, and ready-mixed removal, etc. at the company of this case.

B. On July 4, 2016, around 15:00 on July 4, 2016, the Plaintiff conducted the transfer of construction materials at the site of civil engineering works for access roads to the Cheongnam-gun, Busan-gun, for the purpose of inspecting the excavation period of the instant company.

In the process of work (hereinafter “the instant accident”), the pain pain occurred, and as a result, it was diagnosed by the ordinary university hospital as “marine damage (T12-L1-L2) and damage to marina (hereinafter “the instant injury”).

C. The Plaintiff filed a claim against the Defendant for medical care benefits on the ground that the instant injury was caused by occupational accidents, and the Defendant rendered a non-approval disposition on January 13, 2017 on the ground that “it is deemed that the instant injury and disease is recognized, but it is difficult to recognize the causal relationship between minor injury and the instant injury and the instant injury and disease” (hereinafter “instant disposition”).

On February 8, 2017, the Plaintiff raised an objection to the instant disposition, and filed a request for review with the Defendant on February 8, 2017, and the Defendant dismissed the Plaintiff’s claim on the ground that “It is difficult to find a proximate causal relation with the disaster with the injury branch of the instant case as it is not verified that the strong external trauma to the extent of causing the injury

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1, 2-3-1, 4, 5-2, and the purport of the whole pleadings

2. The plaintiff's alleged work taken at the construction site of this case by the plaintiff at the construction site of this case shall be subject to the string of the string.

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