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(영문) 인천지방법원 2018.01.09 2016구단51167
요양불승인처분취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. From November 1, 2009, A was diagnosed as “waste cancer” (hereinafter “the instant injury and disease”) around May 2015 and applied for the first medical care benefit to the Defendant on July 2, 2015, while serving as a production worker in D (former trade name: E; hereinafter “Nonindicted Company”) as an enterprise producing main products.

B. On June 2, 2016, the Defendant issued a medical care non-approval disposition (hereinafter “instant disposition”) to the Plaintiff on the ground that “it shall be deemed that the period from April 1, 2009 to May 2, 2015, the first time of the exposure was shorter than the cover period of the closed cancer, which is known as the time of the first exposure, is less than the cover period of the closed cancer, and thus, it shall be lower in business relations.”

C. On September 28, 2016, during the instant lawsuit, A died on September 28, 2016 (hereinafter “A”), and B and C, a child of the deceased, took over the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 to 9 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not have been exposed to cancer-related cancer-related cancer-related cancer-related cancer-related cancer-related cancer-related cancer-related cancer-related cancer-related cancer-related cancer-related cancer-related cancer for about six years on November 1, 2009 when working in the non-party company, it is difficult to conclude that the Plaintiff’s assertion was continuously exposed to cancer-related cancer-related cancer-related cancer for about six years, such as mercury or its compound, and that the locking machine of the lung may be at least ten years en bloc, depending on the cause and degree of exposure, and if the deceased’s claim was exposed to cancer-related cancer such as mercury or its compound for at least two years, the outbreak of the lung cancer should be recognized, and there is no family ability for the deceased’s family members.

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