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(영문) 서울행정법원 2017.07.27 2016구단57154
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. The plaintiff is working in coal mines.

On November 24, 2015, after the retirement of July 1, 2013, at the Tol University Seoul Mo Hospital Center, the Plaintiff was diagnosed on the left-hand shoulder (hereinafter “the instant injury”).

B. On December 29, 2015, the Plaintiff filed an application with the Defendant for medical care benefits by asserting that the instant injury was an occupational accident. On the part of the Defendant, experts of the commission who referred to as “disaster content, details of duties, medical records, video medical records, etc.” on the part of the Plaintiff, the Plaintiff rendered a decision not to approve the Plaintiff’s work (hereinafter “the instant disposition”) based on the result of deliberation by the Seoul Committee for Determination of the Seoul Occupational Disease (hereinafter referred to as the “Seoul Committee”), on the part of the applicant’s injury, even if the injury or disease was engaged in the work to bear the shoulder due to clinical opinions that it is difficult to determine the cause and the aftermath disorder. The accuracy of the relevant injury or disease’s diagnosis is so low or difficult to determine the duty relation, and the current injury or disease is not identified as an objective video opinion for the superior of the check and the net fever.”

C. Accordingly, the Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, and the Industrial Accident Compensation Insurance Reexamination Committee rendered a ruling of dismissal on April 7, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the use of the vibration tools such as domination machines by more than four hours a day, and strong vibration affected the shoulder. The sn beamline and other heavy materials, such as sn beam beam lines, were used in excess of the shoulder, and the sniff was used frequently, such as the sniffing of the shoulder, and the siffing of the shoulder and coal was taken frequently, and the actions to make the siff and coal strong are repeated.

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