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(영문) 수원지방법원 2018.01.10 2017구단804
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 May 1, 2015, the Plaintiff entered the G Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) located in Sungsung City Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) and was in charge of the maintenance, repair, washing, manufacture of parts, etc. of gold, while doing gold decomposition around the end of April 2016, the Plaintiff was receiving medical treatment at a hospital due to the outbreak of documentary evidence on the shoulder and the left side side of the left side.

B. On August 31, 2016, the Plaintiff was diagnosed at the hospital No. 5-6, and applied for medical care at the hospital (hereinafter “the instant injury”). On November 17, 2016, the Plaintiff issued a medical care non-approval disposition (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s application for medical care was not verified and the Plaintiff’s work was not excessive.

C. The Plaintiff appealed and filed a petition for review to the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on March 16, 2017.

[Ground of recognition] No dispute, Gap 1, 2, and Eul 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that there was no disease or accident after being employed by the non-party company, and was in charge of conducting various work related to the punishment, and thus, the injury or disease of this case occurred. Thus, a proximate causal relation between the plaintiff's work and the injury or disease of this case can be acknowledged, but the defendant's disposition of this case should be revoked as unlawful.

B. Determination 1 of the Industrial Accident Compensation Insurance Act refers to a disease caused by an occupational accident under the Industrial Accident Compensation Insurance Act during the performance of duties, and there is a causal relationship between the occupational and the disease. The causal relationship must be proved by the party asserting it, and even if it is not necessarily necessary to prove clearly medical and natural science, the causal relationship shall be between the occupational and the disease, taking into account all circumstances.

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