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(영문) 서울행정법원 2015.10.16 2015구단51760
요양불승인처분취소
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 August 19, 1994, the Plaintiff was employed as an employee in the production service at the Pyeongtaek-si factory of the Korea-SaSaviain Technical Assistance Co., Ltd. (hereinafter “Nonindicted Company”) as a manufacturer. From October 10, 201, the Plaintiff was placed in the production management department to perform the input, discharge, and transfer of the product.

B. From April 2013, the Plaintiff started with a pain for the left-hand shoulder, and from around July 22, 2013, the Plaintiff was diagnosed as a result of a close inspection at B Hospital on August 14, 2013, “the superior of the left-hand shoulder and before and after the order” (hereinafter “instant injury and disease”).

C. On January 2, 2014, the Plaintiff asserted that the instant injury to the Defendant constituted an occupational accident, and filed a claim for medical care benefits. However, on February 27, 2014, the Defendant rendered a disposition of non-approval for medical care on the ground that proximate causal relation cannot be acknowledged between the occupational branch of the instant injury and the instant injury.

(hereinafter “instant disposition”) D.

The Plaintiff, who was dissatisfied with the instant disposition, filed a request for review with the Defendant, was dismissed, and the Industrial Accident Compensation Insurance Reexamination Committee filed a request for reexamination again, but was dismissed on October 30, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the contents and period of work performed after the plaintiff joined the non-party company, the injury or disease of this case occurred in the course of performing his duties that imposes a burden on the plaintiff's shoulder or becomes worse beyond the natural progress, and thus, the injury or disease of this case is deemed to have a proximate causal relation between the work of the plaintiff and the injury or disease of this case, and thus, the disposition of this case based on a different premise

나. 인정사실 ⑴ 원고의 업무 내용 및 근무 형태 등 ㈎ 원고는 1994. 8. 19. 소외 회사에 입사하여 생산직...

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