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(영문) 서울고등법원 2015.02.04 2013누26769
요양일부승인처분취소
Text

The judgment of the first instance shall be revoked.

In August 30, 2012, the Defendant’s “propeach signboard escape certificate No. 5-6-7,” which was sent to the Plaintiff on August 30, 2012.

Reasons

1. Details of the disposition;

A. From July 1, 2012, the Plaintiff was a short-term contractual employee of Ath Eth Eth Eth EthS (hereinafter “Nonindicted Company”) and was working as Algoskyman’s construction site and piping pipes. From July 28, 2012, the Plaintiff was subject to an accident that, around 13:00 on July 28, 2012, the Plaintiff was unable to find out that the contact line was on the floor, and the contact line was not found, and the head was faced with the pipe loaded on the floor (hereinafter “instant accident”).

The Plaintiff asserted that the instant accident sustained an injury or disease of the “surgical signboard escape certificate between the Gyeong-6-7 and the Gyeongbu District,” and applied for medical care benefits on August 13, 2012.

B. On August 30, 2012, the Defendant approved the medical care for the “scopical base”, but, on the ground that the “scopic signboard escape certificate” (hereinafter “the instant wound”) was observed by the formation of a frame of the scopic, etc., and was judged to be an existing disease due to a change in the scopic nature, the Defendant issued a non-approval disposition on the instant wound (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 and 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had worked as a daily worker for about 30 years, and had been repeatedly engaged in an unstable attitude and long time-term work in a situation where it is difficult to see the situation. Since the risk exists at the above construction site, the instant injury was caused after the instant accident occurred.

Therefore, the Plaintiff’s injury and disease in this case ought to be deemed to have occurred due to the instant accident, and even if there was a brutal disease in the Plaintiff, the injury and disease in this case was aggravated due to the work imposing a burden on the mountain system beyond natural progress.

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