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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 April 28, 2015, the Plaintiff asserted that the instant disease occurred due to vibration work while working for a prolonged period of about 6 years from September 1971 through the digging area for about 27 years from the digging area, and filed an application for medical care benefits with the Defendant.
B. On July 10, 2015, the Defendant issued a medical care non-approval disposition (hereinafter “instant disposition”) against the Plaintiff on the ground of the result of the Seoul Occupational Disease Determination Committee’s determination that “it is difficult to recognize the Plaintiff as an occupational-related injury or disease due to the fact that the Plaintiff used the vibration equipment in the long-term coal mine, but the clinical opinion and the inspection opinion do not comply with the diagnosis and that the harmful work was retired and for whom seven years have passed since it retired from work.”
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 3-1 and Eul 1 evidence, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff asserted that the plaintiff worked for a long period of time as a digging field in coal mines, and worked for digging and astronomical work in which the starting machine is bruted and operated in a breath of the pits as 8 hours a day and 28 hours a month. At the time of starting cancer work, there was a serious vibration in both fingers, shoulders, necks, heads, etc., and in particular both grandchildren accompanied by low vibration, etc.
The injury or disease of this case occurred due to these duties, and even if about seven years have passed after retirement, it is not different.
Therefore, the defendant's disposition of this case on a different premise is unlawful.
B. First of all, we examine whether the instant injury and disease occurred to the Plaintiff.
On April 28, 2015, the Plaintiff was diagnosed as the instant injury and disease at the Tol University Seoul Escar Hospital. However, as seen earlier, the Plaintiff entered the foregoing evidence and evidence Nos. 2 and the Seoul Medical Center.