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(영문) 대전고등법원 2017.04.20 2017나10495
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the part that is modified in paragraph (2) below, thereby citing the relevant statement in accordance with the main sentence of Article 420 of the Civil Procedure

2. Parts changed;

A. The judgment of the court of first instance is 1. D.

1) On October 11, 201, the part of paragraph (1) (the part between two and three pages below the second sentence of the judgment of the first instance) is converted into the part of “A.” The Plaintiff filed an application for medical care benefits with the Korea Workers’ Compensation and Welfare Service on the ground that the immunity level has been deteriorated due to excessive extension work, among the instant diseases, as the disease was accumulated as a result of the decrease of tuberculosis and pulmonary dysium, and thus, it constitutes occupational disease.

On January 5, 2012, the Korea Workers' Compensation and Welfare Service rendered a decision not to approve the application for medical care benefits on the ground that “it is difficult to recognize a proximate causal relation with the Plaintiff's duties, on the grounds that the Plaintiff's tuberculosis infection is mainly infected by the tuberculosis germs and is highly likely to be infected anywhere in view of domestic circumstances.”

A person shall be appointed.

B. 1. D. of the first instance judgment

2) The part of paragraph (1) (the part from 3 to 7 lines in the judgment of the court of first instance) is converted into the part of “Choh.” On March 26, 2012, the Plaintiff filed an application for medical care benefits with the Korea Workers’ Compensation and Welfare Service, asserting that the toxic infection among the instant diseases falls under an occupational disease.

On August 22, 2012, the Korea Workers' Compensation and Welfare Service(Korea Workers' Compensation and Welfare Service) generally refers to the damage of liver functions caused by taking various medicines, such as cryp, herb, and functional health foods.

Details of work and outlines harmful to the working environment

It is difficult to recognize the occurrence of toxic infections due to exposure to people.

The above toxic infection is in the process of treating tuberculosis by the plaintiff.

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