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(영문) 서울행정법원 2017.09.14 2017구단59621
요양급여결정취소
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 September 20, 2016, the Plaintiff is the owner of a new construction project in Suwon-si BL collective housing (hereinafter “the instant construction site”), and A filed an application with the Defendant for medical care benefits after receiving a diagnosis of the Plaintiff on September 21, 2016, on the part of a staff member of the model margue, who was subcontracted part of the construction work at the instant construction site from the Plaintiff, for the production of beams and the installation of columns at the instant construction site, and then saw a serious pain on the right shoulder, and at the D Hospital on September 21, 201, the Plaintiff applied for medical care benefits.

B. On February 28, 2017, the Defendant rendered a decision on the approval of medical care benefits (hereinafter “instant disposition”) on the ground of the judgment of the Committee for Determination of Minor Disease that the instant injury was recognized as an occupational disease.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 7 (including additional number), Eul evidence 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was not caused by A’s work as a single day at the instant construction site, but merely caused several years prior to another place of business prior to the instant construction site, i.e., the Plaintiff’s assertion that there was no proximate causal relation between the work at the instant construction site and A, but the Defendant’s disposition was unlawful on different premise.

B. On September 19, 2016, the basic facts (1) A’s employment relationship and work content (A) were employed as a primary worker in C to which the Plaintiff subcontracted part of the construction site of this case from the Plaintiff on September 19, 2016, and was in charge of the molding official duties.

(B) The hours of A were 07:00 to 17:00; the rest hours were 1 hours in the first place, 30 minutes in the first place, and 30 minutes in the first place and in the first place.

(C) A is the construction site of this case on September 19, 2016.

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