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(영문) 울산지방법원 2014.06.26 2013구합226
요양불승인처분취소
Text

1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on September 11, 2012 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On October 2, 1984, the Plaintiff became a member of Hyundai Heavy Industries Co., Ltd. (hereinafter “Non-Party Co., Ltd.”). From September 16, 1996, while carrying out the block transport work using the franchise, the Plaintiff was diagnosed as “as a result of the Plaintiff’s visit to the hospital around March 23, 2012, the Plaintiff was diagnosed as the result of the Plaintiff’s visit to the left part of the left part of the block.”

B. On April 24, 2012, the Plaintiff filed an application for medical care benefits for the instant injury and disease with the Defendant, but the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) on September 11, 2012 on the ground that there is no proximate causal relation between the instant injury and the Plaintiff’s business.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was conducted to continuously and repeatedly impose a burden on the shoulder, arms, and grandchildren for 27 years since joining the non-party company. From around 2009, the plaintiff started to feel a pain on the shoulder, and eventually came to receive a diagnosis of the injury and disease of this case. Since there is a proximate causal relation between the work branch of this case and the plaintiff's work, the prior disposition of this case on a different premise is unlawful.

B. The facts of recognition 1) The Plaintiff’s contents of the Plaintiff’s business and work period from October 2, 1984 to September 15, 1996 - the piracy work and the lever puler’s operation to carry out repeated operations, such as cutting off and cutting off the lever puler to carry out hand-on work. - The 30 to 40 per small (3 to 10 km) block, 2 hours per day - the racker’s reinforcement (25 km, 10 - one day: tidal money, leburine, 196 to September 16, 1996 to March 23, 2012, together with the operation status of the luster and luster’s operation status of the luster.

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