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(영문) 광주지방법원 2018.07.19 2018구단299
요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. From March 1, 2015, the Plaintiff is serving as a daily-service entertainment worker belonging to the Sejong Technical Group Co., Ltd. (hereinafter “Sawon”) (hereinafter “Sawon”) from March 1, 2015.

On July 28, 2015, retired from office, and on May 16, 2017, the “propeach escape certificate No. 4-5 and No. 6-7 (hereinafter “instant injury”) was diagnosed and applied for medical care on March 9, 2017.

B. On July 31, 2017, the Defendant issued a disposition not to grant medical care on the ground that there is no proximate causal relation between the instant injury and the disease.

(hereinafter referred to as “instant disposition”). C.

On August 14, 2017, the Plaintiff filed a petition for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee on August 14, 2017, but the said Committee rendered a ruling dismissing the petition for reexamination on October 19, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, Eul evidence Nos. 2 and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 5, 2015, the Plaintiff asserted that: (a) around 3, 2015, the Plaintiff was aware of the fact that the Plaintiff was well-time and melting the string of the arm at the Sejong Tech, and that there was the same pain from the lower part of the lower part of the instant timber that required the string; and (b) the Plaintiff’s duty in the Sejong Tech was performed for a long time, not by the cause of the lower part of the string, but by the time prior to the entry into the Sejong Tech, and thus, the Defendant had to be recognized as an occupational disease.

B. Fact-finding 1) The Plaintiff’s working conditions had worked in Sejong Cyke for about five months from March 1, 2015 to July 28, 2015, and had worked in the workplace for about nine hours. The daily average working hours were about nine hours. 2) Specific working contents - Work contents - Work contents - Work channel for small assembly (passing): Contact, watching, shield (12kg and 5kg) - Work process - Work process: Regulation and compost of materials and tools - one-day work hours - one-day work hour: not less than four hours, but not more than one-day work day.

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