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(영문) 서울행정법원 2015.03.27 2013구단56198
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 October 2, 2010, while the Plaintiff was an employee of B (hereinafter “Nonindicted Company”) who was in charge of the management of warehouse, the entry into and departure from the headquarters, the Plaintiff was diagnosed on October 22, 2012 by the 4-5 Tues, the 5th Tues-1, and the 1,000 Tues-1, and applied for medical care to the Defendant on August 22, 2012, on the following grounds: (a) around 14:0, the level of KRW 20km from the height of 3m to 20-30, respectively; and (b) there was an accident that leads to the original part (hereinafter “instant accident”).

B. On September 17, 2012, the Defendant rendered the instant disposition that rejected the Plaintiff’s medical care on the ground that “The Round MaI on February 14, 2011, the 4-5 conjection of the Round and the 5th Declaration - the 1,000 square meters-10 square meters, as it does not seem to have any opinion of disc acute escape, and thus, it is difficult to recognize the causal relationship with the disaster, and there is no opinion of escape of the lap signboard, and therefore, it is difficult to recognize the causal relationship with the disaster.”

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the injury or disease of this case occurred because the Plaintiff became a member of the non-party company and mainly performs the business of transporting heavy atomics of about 20-30 km per 15 years, or due to the accident of this case, the injury or disease of this case constitutes an occupational accident, and the Defendant’s disposition that reported differently is unlawful.

B. The facts of recognition (1) The Plaintiff entered the non-party company on November 3, 1997 and served until the date of the instant accident. The Plaintiff’s main duties were warehouse management, original entrance and exit, and delivery, and the working hours were one hour (12:0-13:00).

(b) Place of business of the Industrial Accident Compensation Insurance Review Committee.

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