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(영문) 인천지방법원 2016.11.22 2015구단1424
추가상병불승인처분취소
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 January 4, 2014, the Plaintiff is serving as a walsium farming association corporation for the same year while serving as a member of the walsium.

2. On the other hand, the Plaintiff’s 27th 27th 1st 27th 27th 27th 27th 27th 200 was approved for medical care for the injury or disease of “insurgical strings within the left strings, the upper right strings, the right strings, the right strings, the right strings, the strings, and the surk salt strings.”

B. On September 18, 2014, when the Plaintiff was under medical care, the Plaintiff applied for the approval of additional injury or disease to the Defendant on the ground that the Defendant applied for the recognition of “the instant additional injury or disease No. 5 of Machine Machine’s Machineism and the two Machine 5 (hereinafter “the instant additional injury or disease”).

C. On September 30, 2014, the Defendant rendered an additional injury and disease approval disposition that did not approve the instant additional injury and disease on the ground that there is no proximate causal relation between the instant disaster and the first approval branch (hereinafter “instant disposition”). D.

The plaintiff appealed against this and filed a request for examination and a request for reexamination, but all of them were dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had a direct obstacle on the left-hand part of the instant disaster. However, during the process of going beyond the right after receiving a large impact at the time, the Plaintiff suffered obstacles to the right shoulder, muckbucks, knee, and knee, and caused the instant additional injury.

Therefore, even though the instant additional injury and disease was caused by the instant disaster, the instant disposition based on a different premise is unlawful.

(b) Where an employee who is receiving medical care due to an occupational accident under Article 49 of the Industrial Accident Compensation Insurance Act [the Industrial Accident Compensation Insurance Act] falls under any of the following cases:

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