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(영문) 부산지방법원 2015.09.09 2015구단190
추가상병불승인처분취소
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 December 30, 2008, while the Plaintiff disposed of the cement retaining wall at the construction site of the Cement B factory, the Plaintiff obtained approval for medical care from the Defendant for occupational accidents caused by the fall of safety launch (hereinafter “the instant disaster”) on December 30, 208, for the Defendant’s “the instant accident” (hereinafter “approval injury”).

B. After that, on December 22, 2014, the Plaintiff was diagnosed by the Defendant as “sleeped slick slick slick slick slick slick slick slick slick slick slick slick slick

C. On January 9, 2015, the Defendant rendered a disposition not to approve the above additional disease application (hereinafter “instant disposition”) against the Plaintiff on the ground that the instant additional disease is not recognized.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the Plaintiff’s assertion of the accident, the Plaintiff’s parts of the accident, and the progress of medical examination and treatment after the occurrence of the accident, the instant additional injury or disease constitutes a disease caused by a disaster that occurred or was caused by the accident at the time of the instant accident.

Therefore, even if there is a proximate causal relation between the disaster of this case and the additional injury and disease of this case, the defendant's disposition of this case is unlawful.

B. 1) Article 49 of the Industrial Accident Compensation Insurance Act provides that an employee under medical care due to an occupational accident may apply for medical care benefits for an additional injury or disease in cases where medical care is necessary due to additional detection of an injury or disease that has already occurred due to the occupational accident, or where medical care is necessary due to a new disease due to an injury or disease caused by the occupational accident. 2) Murder, B.

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