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(영문) 서울행정법원 2014.06.13 2012구단23320
최초요양 승인 취소
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. Workers A (B) employed the Plaintiff on August 16, 1995, and worked at the Pero-cell cancer (e.g., poppyam) located in Ansan-si 6777, Ansan-si. On September 9, 201, at the chest radiation test conducted by the Sung-si Hospital of Korea National University on September 9, 201, a 3 cm of a size was discovered at the chest radiation test of the comprehensive health examination conducted by the Sung-si Hospital of Korea National University on September 9, 201, and it was confirmed on September 22, 2011 by 4 poppyo-cell cancer (pT-CT), which was transferred to the coppy and coppy-ray, and was confirmed to be 4 poppyd.

B. On October 31, 201, A filed a claim against the Defendant for medical care benefits for the lung cancer.

The Defendant, via research services, etc. conducted by a research institute for occupation-pulmonary diseases, was exposed to all kinds of raw materials containing pulmonary cancer, 14 and 9 months prior to the occurrence of A, in the course of mixing various materials containing malcin acid, 6 of chinite and asbestos, etc. (1) The Defendant issued a disposition to grant a medical care approval to A on July 2, 2012, on the ground that there was a proximate causal link between the pulmonary cancer and the duties, since A was diagnosed of primary lung cancer that had been transferred to the bones of 49 years of age much young.

(hereinafter referred to as “instant disposition”). / [The grounds for recognition] set forth in Evidence A Nos. 1, 2, 4, and 5

2. Whether the instant disposition is lawful

A. The Defendant alleged that the Defendant committed an error by misunderstanding the basic factual relations of the Plaintiff, and without reasonable grounds, that A was exposed to cancer at the Plaintiff’s workplace, thereby causing lung cancer. Therefore, the instant disposition is unlawful.

In particular, the defendant classified asbestos, calcium, and 6 chrox by waste cancer induced substances, and there was no asbestos in the plaintiff's factory, and the calcium or chrox compound was less than the exposure standard.

Rather, A is weak.

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