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(영문) 부산지방법원 2016.03.16 2015구단21289
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. On October 1, 1997, while the Plaintiff joined B and engaged in the fishing processing and cutting operations, the Plaintiff was involved in an accident, so far as it is so difficult to unfold the V, so long as it is dried up to the shoulder, with the sound that it saw up to the shoulder, and the Plaintiff was sicked with a schilling pain (hereinafter referred to as “instant accident”).

B. After the instant accident, the Plaintiff was diagnosed by C Hospital as “satisfying satfy satfy satfy satfy sats on the left-hand sats” (hereinafter “instant injury and disease”), and applied for medical care benefits to the Defendant.

C. Accordingly, on July 29, 2015, the Defendant rendered the instant disposition that rejected the Plaintiff’s application for medical care benefits in accordance with the result of the determination by the Busan Occupational Disease Determination Committee to the effect that “the Defendant’s work to bear the check is confirmed, but, in the case of the left-hand check, it cannot be seen as a work to continuously impose excessive burden, and thus, proximate causal relation is not recognized.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the injury or disease of this case occurred or aggravated due to the accident of this case alleged by the plaintiff or the shoulder burden that the plaintiff performed, a proximate causal relation is acknowledged between the plaintiff's work and the injury or disease of this case.

Therefore, the defendant's disposition of this case on a different premise is unlawful.

B. On October 1, 1997, the Plaintiff entered on October 1, 1997, including the Plaintiff’s work experience and duties, and carried out the processing and cutting work.

Among the work performed by the Plaintiff, small-sized fish processing is carried on the machine by cutting the product on the machine, sticking T-type hand on the machine’s hand, and then manufacturing fishing by operating the machine after returning hand attached to the machines below the machine, and large-scale fish processing is three to six clicks depending on the product.

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