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(영문) 울산지방법원 2018.08.09 2017구합6215
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. The Plaintiff is a worker employed in the workplace belonging to the Plaintiff Company B, and from March 20, 2016 to May 19, 2016, the Plaintiff is a worker employed in the workplace belonging to E from March 3, 2016 to May 19, 2016, and is deemed to have worked at the said new apartment construction site.

C Co., a main contractor, has carried out the work of transporting building materials generated after construction at the construction site of Ulsan-gun D Apartment Construction Project, Ulsan-gun, Ulsan-gun.

B. On October 15, 2016, the Plaintiff (i.e., during work, and (ii) took part in a rest and was transferred to a hospital, and (ii) was diagnosed by the cerebrovascular, Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali-Mali (hereinafter “the instant injury”).

C. On April 6, 2017, the Defendant rendered the instant disposition denying the Plaintiff’s application on the ground that there is no proximate causal relation between the Plaintiff’s work and the instant injury and disease.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5, Eul's 2 (including branch numbers; hereinafter the same shall apply), and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff worked for 14 days from the 15th day ( October 1, 2016) prior to the outbreak of the instant injury and disease, and worked for 10 days from October 6, 2016 to October 15, 2010, in light of the following: (a) the Plaintiff carried out the instant injury and disease on a direct shoulder or 56 hours prior to the occurrence of the injury and disease; (b) the Plaintiff carried out the instant work for 14 days from the 15th day prior to the occurrence of the injury and disease; (c) the Plaintiff worked for 10 days from the 10-day period from October 6, 2016 to the 10-day period from the 10-day period from the 56-day period from the 12th week period to the 36-day average hours from the 12th week period to the 36-day period; and (d) the Plaintiff’s proximate causal relation between the instant injury and disease.

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