logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.08.14 2018구단76821
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 October 4, 2016, the Plaintiff (B) was diagnosed as a retired mine on December 31, 2012, the Plaintiff (B) obtained medical care approval by the Defendant on August 16, 2017, after being recognized as an occupational disease.

B. On January 5, 2018, the Plaintiff received a diagnosis of “the escape certificate of the 4-5 square meters and the 5th anniversary of the 1,000 square meters (hereinafter “the instant injury and disease”)” as a result of the Plaintiff’s medical treatment conducted at the Taesan Hospital of the Korea Workers’ Compensation and Welfare Service.

C. On January 15, 2018, the Plaintiff, while working in the luminous department, carried out a work that imposes a burden on the lusium. Accordingly, if the instant injury or disease occurred, the Plaintiff applied for the approval of additional injury or disease to the Defendant on January 15, 2018, but the Defendant issued a disposition of additional injury or disease approval against the Plaintiff on April 30, 2018 on the ground that there is no proximate causal link between the occurrence of the instant injury or disease and the Plaintiff’s work (hereinafter “instant disposition”).

The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Defendant. However, on September 19, 2018, the Plaintiff rendered a final decision to dismiss the Plaintiff’s request for review, and the Plaintiff filed the instant lawsuit on December 7, 2018.

【Fact-finding without a dispute over the basis of recognition】 Each entry in Gap's 1 through 8, 10, 11, 3 through 5 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is clear that the plaintiff has been performing repeatedly the work that imposes a burden on his body, such as Huuri, while working in a long-term light part, and that the disease of this case was caused thereby.

Therefore, the instant disposition issued on a different premise is unlawful.

B. A worker who is receiving medical care due to an occupational accident is required to receive medical care due to additional discovery of an injury or disease that has already occurred due to the occupational accident, or is new as a result of an injury or disease that has already occurred due to the occupational accident.

arrow