logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.10.19 2015구단929
요양불승인처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 15, 1985, the Plaintiff joined Hyundai Motor Co., Ltd., and was placed in B factory Speaker 2 and 21 team support team, and performed vehicle assembly for about 10 years. On September 27, 1995, the Plaintiff was placed in C plant truck bub, and performed test work for about 19 years.

B. As a result of a close inspection conducted on July 11, 2014, such as MRI, the Plaintiff was diagnosed on July 1, 2014 (hereinafter “the instant injury and disease”), and was subject to restoration of the diameter of the right shoulder on July 18, 2014.

C. The Plaintiff filed an application for medical care for the instant injury and disease. However, upon deliberation by the Occupational Disease Determination Committee, the Defendant confirmed the instant injury and disease for the purpose of the MDR test, and was partially responsible for the shoulder, such as the Defendant’s work to punish or cut the shoulder in his body, etc., and performed the long-term work, but recognized the time of work or the amount of work claimed by the Plaintiff.

Even if there is no shoulder-sharing work to the extent that the instant injury and disease is likely to be caused, and thus a proximate causal relation is not recognized, the non-approval disposition was made on October 6, 2014 (hereinafter “instant disposition”). D.

On the other hand, the plaintiff filed a request for reexamination, but was dismissed on February 27, 2015.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 9 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion is deemed to have caused the injury or disease of this case, or rapidly aggravated beyond natural progress, by continuing and repeated work to bear the shoulder burden included in the work process. Therefore, there is a proximate causal relation with the work of the injury or disease of this case.

arrow