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(영문) 의정부지방법원 2019.08.22 2018구합1300
기타(공무상재해/산업재해)
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 October 15, 2014, around 11:50 on October 15, 2014, the Plaintiff was an employee belonging to B Co., Ltd., who fell into a sudden stop while getting out of the excavation season at the construction site at C, and the Plaintiff was faced with an accident that has left the excavation season (hereinafter “instant accident”).

B. The Plaintiff received medical care approval from the Defendant with respect to the injury of “satise 4, 5-class ground crushing and the left-hand satise saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton saton satum”

C. On September 25, 2017, the Plaintiff applied for medical care as an additional injury to the Defendant for “Apparent speech disorder (hereinafter “Apparentity”)” due to the instant accident.

However, on October 25, 2017, the Defendant rendered a disposition of non-approval of additional injury and disease (hereinafter “instant disposition”) to the Plaintiff on the basis of the Defendant’s medical opinion, etc. (hereinafter “instant disposition”), “Although it is recognized that there was a verbal impairment to the Plaintiff as a result of the genetic test conducted on November 26, 2015, according to the medical records, such disability existed even before the accident occurred, and there seems to exist no causal relationship with the instant accident.”

[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 1 through 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion falls under the case where additional medical care is needed as the injury or disease occurred due to the instant accident, and the instant disposition that rejected the Plaintiff’s application for additional injury or disease on a different premise should be revoked as unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) Determination of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”)

Additional injury or disease caused by the worker's occupational accident is further discovered, and medical care is required, or it is an injury or disease caused by the occupational accident.

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