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(영문) 부산지방법원 2018.06.20 2017구단20808
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 July 28, 1980, the Plaintiff joined the Hanjin Heavy Industries Co., Ltd. (hereinafter “Sajin Heavy Industries”) and is engaged in the contact work.

From around 1985, material transport work was mainly performed.

B. On December 31, 2016, the Plaintiff, who was admitted to the B Hospital, was diagnosed as the vertebrate (hereinafter “the instant injury”) around the front day of the 5-6, 6-7 conical signboards, around 5-6, and 6-7, and applied for medical care benefits to the Defendant.

C. Accordingly, on June 29, 2017, the Defendant rendered a decision not to grant medical care benefits (hereinafter “instant disposition”) on the ground that there is no proximate causal relation with the instant injury and disease.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff is a member of the Nonparty company and is engaged in the duty of imposing a burden on the part of the Plaintiff, such as having the head or the satisfing of the sat

In the course of the narrow and rapid movement of a ship under construction as a transport hole from time to time, the shock of a wooden part of a wooden part is accumulated as the head, trees, shoulder, etc. often faced with steel bars, pipes, etc. in the passage or leaving the hole, and the shock of a wooden part of a wooden part was diagnosed as the instant injury and disease from June 22, 2016, and thus, there is a proximate causal relation between the Plaintiff’s duties and the instant injury and disease.

Nevertheless, the instant disposition on the ground that there is no proximate causal relation between the Plaintiff’s business and the injury and disease of this case is unlawful.

B. According to the Industrial Accident Compensation Insurance Act, the "occupational accident" refers to the injury, disease, disability or death of an employee caused by an occupational reason, and in order to be recognized as a disaster due to an occupational reason, the accident in question is caused by the occupational reason, and there is a proximate causal relation between the occupational accident and the accident, and in this case the worker.

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