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(영문) 서울행정법원 2016.10.21 2016구단51880
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 8, 2015, the Plaintiff, an employee of the Daewoo Shipbuilding Marine Co., Ltd. (hereinafter referred to as the “Non-Party Company”), complained of a pain during the A.M. on May 8, 2015, filed an application for medical care benefits under the Industrial Accident Compensation Insurance Act with the Defendant on June 16, 2015.

B. On September 11, 2015, the Defendant rendered a disposition not to grant medical care (hereinafter the instant disposition) against the Plaintiff on the ground that “the proximate causal relation with the instant branch’s duties is not recognized” (hereinafter the instant disposition).

[Ground of recognition] Facts without dispute, Gap (including a provisional number; hereinafter the same shall apply) through 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was carried out by Nonparty Company’s business that imposes a burden on the Plaintiff’s disease for a long time. On May 8, 2015, the Plaintiff was able to get off from May 8, 2015, and got out with severe pains, and there were no other factors such as traffic accidents that may cause the instant injury.

Therefore, there is a proximate causal relationship between the business branch of this case and the disposition of this case by the defendant on a different premise is unlawful.

B. Facts of recognition 1) - The Plaintiff joined the Non-Party on March 11, 1981 - The daily working hours were 08:00-17:00 (10-10-10-2, 15:00-15:10) and the rest hours were 10:0-10:00 a.m. for 12:0-10 p.m., 15:0-10 p.m. for 15:10 p.m., and 1-2 hours for 1:2 hours a day. The Plaintiff - The Plaintiff - The Plaintiff - the Plaintiff’s work of loading, unloading (30% of the work), the work of loading goods using the said cars (20% of the work), the work of loading goods using the said cars (10% of the work), the work of managing materials in the office using the said cars (30% of the work), and the work of managing materials (30% of the office work).

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