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(영문) 대구지방법원 2015.02.13 2013구단1572
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. From July 20, 2009, the Plaintiff served as a delivery agent in the B Byang (hereinafter “Nonindicted Company”) and carried out the delivery of a box in a soget box.

B. On October 11, 2011, the Plaintiff: (a) at C Hospital’s hospital, diagnosed as active fluoritis and alleys (hereinafter “the instant injury and disease”); (b) received surgery for active fluoral agents and fluoral agents; and (c) filed an application for medical care benefits with the Defendant on August 20, 2012.

C. Accordingly, on January 7, 2013, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that the instant injury and disease was not found to have a proximate causal relation with the Plaintiff’s work.

【Ground of recognition】 The fact that there is no dispute, Gap's Nos. 1, 4, Eul's No. 1, 4, and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff joined the non-party company for about two years and four months, and worked for the non-party company for about two years and four months. The plaintiff's assertion that the non-party company suffered a heavy burden on the upper part of the upper part, such as handbows and elbows, while putting a wound of heavy 8 hours a day every six days a week on the part of the non-party company, and the symptoms of the disease of this case were rapidly aggravated due to their natural progress. Thus, the above injury constitutes an occupational accident.

B. In order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, there should be a proximate causal relationship between the occupational accident and the occupational accident. In this case, the causal relationship between the employee’s occupational accident and the accident should be proved by the assertion of such causal relationship. The causal relationship should be presumed to be presumed to be reasonable causal relationship between the occupational accident and the disease, considering all the circumstances, even if it is not necessarily required to prove clearly by medical and natural science.

Supreme Court Decision 200

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