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(영문) 부산지방법원 2018.02.21 2016구단21255
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 September 27, 2014, the Plaintiff was diagnosed by the D Hospital with “mathy in the voice of blood test” (hereinafter “the first injury in this case”) and “mathy infection and perchitis” (hereinafter “the second injury in this case”) (hereinafter “the second injury in this case”), and filed an application for medical care benefits with the Defendant against the first and second injury in this case.

B. On April 5, 2016, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the first and second soldiers in the instant case are not recognized or their business relations are difficult to be recognized.

[Ground of recognition] Facts without dispute, entry of Eul evidence 1 to 5 (including additional number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the classroom of the child-care center of this case did not have safety questions, thus, the status of the Plaintiff’s work performance to be repeatedly known to the Plaintiff was unreasonable on the Plaintiff’s hand, and the Plaintiff’s state of Plaintiff’s hand has deteriorated in the course of manipulating hot handless hand of the deteriorated vehicle while driving the vehicle in the child-care center.

Therefore, since the first and second diseases in this case occurred due to the plaintiff's work or rapidly aggravated above the natural speed, the disposition of this case to be judged differently is unlawful.

B. The "occupational accident" under the Industrial Accident Compensation Insurance Act refers to an employee's injury, disease, physical disability, or death caused by his/her occupational accident while performing his/her duties. Thus, there should be causation between the occupational accident and the disaster, and the method and degree of proof should not be proved by direct evidence.

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