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(영문) 대구지방법원 2015.06.12 2015구단252
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 October 10, 201, the Plaintiff joined one transport week (hereinafter “Nonindicted Company”) and served as a taxi driver.

B. On March 18, 2014, the Plaintiff was diagnosed as a “surgical signboard escape certificate” (hereinafter “instant injury and disease”), and applied for medical care benefits to the Defendant.

C. On June 12, 2014, the Defendant rendered a disposition of non-approval for medical care (hereinafter “instant disposition”) on the ground that the instant injury or disease was judged to have deteriorated nature of the existing disease and thus the proximate causal relation with the business was not recognized.

Although the Plaintiff filed a request for examination against this, it was dismissed on August 29, 2014, and again filed a request for reexamination, but it was dismissed on December 17, 2014.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 1-2, Eul evidence 7-1, Eul evidence 7-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was about 40 years, while engaging in a business-use taxi driving service, and caused frequent traffic accidents. In particular, since he was involved in drilling accidents in the signal signal around July 2013, the Plaintiff caused the instant injury and disease.

Therefore, the injury and disease of this case should be recognized as occupational accidents.

B. In order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, there should be a proximate causal relationship between the business and the accident. In this case, the causal relationship between the worker's business and the accident should be proved by the assertion of it. The causal relationship can be inferred by a proximate causal relationship between the business and the disease, considering the overall circumstances, even if it does not necessarily have to be proved clearly by medical and natural science.

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