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(영문) 대구지방법원 2015.02.06 2014구단1050
요양급여불승인처분 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. On January 23, 2013, the Plaintiff was employed by a gold ore dressing company (hereinafter “non-party company”) from around January 23, 2013, and worked at the construction site for food waste treatment facilities located in Sejong City until the 28th day of the same month.

B. On April 1, 2013, at B Hospital, the Plaintiff received an operation after being diagnosed as “sleep slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick sl

C. Accordingly, on September 10, 2013, the Defendant rendered a disposition not to grant medical care (hereinafter “instant disposition”) on the ground that the instant injury or disease was not likely to have a proximate causal relation with his/her duties as a dives disease or a spacific disease.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 3, 4, Eul 1, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not have any particular anything on the left-hand knee, and on January 28, 2013, the Plaintiff was diagnosed of the instant injury and disease since the instant injury and disease was caused by symptoms to the left-hand knee, while engaging in the work of cutting off and cutting off the iron plates in an unstable narrow narrow knifs in the construction site. As such, the instant injury and disease resulted in a sudden aggravation of symptoms caused by the non-party company’s work or the natural progress.

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 work and the accident, and in this case, the causal relationship between the worker's work and the accident should be proved by the assertion.

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