logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.01.15 2015구단9660
산업재해불승인처분취소
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 filed an application for medical care benefits with the Defendant on March 3, 2015, on the ground that: (a) on February 8, 2015, when he/she had been working for a construction for a steel-frame in the construction project of the Sejong General Construction Co., Ltd. in the Seocho-si B multi-family housing from February 5, 2015 for an accident of falling down by earth and sand (hereinafter “instant accident”); (b) Nos. 2-3, 3-4, 5-6, 6-7, 5-6, 3-7, 5-7, 5-7, 5-7, 5-7, 5-7, and 3-7, 2015, on the ground that the instant accident occurred.

B. On March 12, 2015, the Defendant: (a) acknowledged the medical care of the instant injury and disease according to the opinion of advisory opinions that “In the case of the instant injury and disease, there is a considerable progress in the change of emulculation in various sections of his/her own secret image; and (b) it is difficult to deem that the degree of emulculation has not been deemed to have occurred due to acute trauma; and (c) granted the medical care of the instant injury and disease on the ground that the disaster is an external injury.”

(2) Each of the items of evidence Nos. 1 through 3, and the purport of the whole pleadings as to the part of the injury and disease of this case (hereinafter “instant disposition”).

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the instant injury or disease was caused or aggravated by the instant accident, and that the instant injury or disease was caused by external wounds, despite the doctor’s view, the instant disposition that did not recognize a proximate causal relationship between the work and the instant injury or disease was unlawful.

B. (1) According to the facts of recognition of health insurance: (a) according to the health insurance medical records, the Plaintiff is a member of the Korean Medical Service in 2006 C, D Chinese Medical Service (Insulars), E-type Foreign Medical Service (insulars and tensions), F in 2009 (insulars), Gents (insulars accompanied by a E-gromatics), Gents (insulars) in 201, and a prone galphism of Hneology;

arrow