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(영문) 서울행정법원 2020.05.21 2018구단75842
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. On February 22, 2018, the Plaintiff (hereinafter “B”) diagnosed “porizontal escape certificate No. 4-5 (hereinafter “PPP”)” as an employee affiliated with B Co., Ltd. (hereinafter “B”), and filed an application for medical care benefits with the Defendant on April 19, 2018.

B. On September 28, 2018, the Defendant issued a medical care non-approval disposition (hereinafter “instant disposition”) against the Plaintiff on the ground that “this case’s injury is recognized, but it is difficult to see the Plaintiff’s duty to handle heavy items or to regard it as spine burden work requiring unstable attitude, and thus, there is no proximate causal relation with the instant injury branch’s work” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 13 evidence, Eul evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From April 2003, the Plaintiff’s assertion made a cumulative burden on spine while dealing with heavy goods, such as installation and dismantling of a plate for a long time, LNG oil transport and upstream work, shower shower, slot labelling work, signal work, etc., or performing the work involving unstable self-sufficiency.

In particular, the burden on the inverte part is accumulated due to the above work as a result of the occupational accident in 1998 when the side signboards of the 4-5 in the 1998 in the 199.

Therefore, even if there is a proximate causal relationship between the Plaintiff’s business branch of this case and the Plaintiff’s business, the instant disposition taken on a different premise is unlawful.

B. Fact 1) The Plaintiff’s work experience and approval for industrial accident medical care, etc. were recognized from January 1, 1986 to December 2, 2002. The Plaintiff was engaged in official electric occupation in C Co., Ltd. (such as electrical mother repair work) from around January 1, 1986 to D, E, F, and B, a partner company of C Co., Ltd. from April 2003.

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