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(영문) 수원지방법원 2015.11.13 2014구단30811
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. From November 25, 2013, the Plaintiff filed an application for medical care benefits with the Defendant, asserting that the Plaintiff was diagnosed as “the escape certificate of conical signboards between the No. 4-5 in the도요 (hereinafter referred to as the “the instant disaster”) due to the accident that was caused by the Plaintiff’s vehicle to remove the compact circuit from the Plaintiff’s vehicle at around 08:30 on January 3, 2014 (hereinafter referred to as “the instant accident”).

B. On March 7, 2014, the Defendant rendered the instant disposition to not approve medical care to the Plaintiff on the ground that there is a significant change in the sloping of the signboard, and there is no evidence of damage to the surrounding annual installments, and that there is no proximate causal relation between the business branch of the instant case and the business.

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Whether the disposition is lawful;

A. Although the plaintiff asserted that the plaintiff had the evidence of escape from the protruding signboard, the injury and disease of this case was rapidly aggravated due to the disaster of this case, and thus, the injury and disease of this case should be deemed to have a proximate causal relation with the work of the plaintiff, but the disposition of this case which did not approve the medical care of the plaintiff was unlawful.

B. In light of the following circumstances, it is difficult to acknowledge a proximate causal relationship between the specific circumstance of the instant accident and the Plaintiff’s business and the instant commercial branches solely based on the results of the commission of the medical record appraisal on the records of Gap’s evidence Nos. 2, and the head of the Silver University Slverb Hospital in this Court, and the result of the commission of the medical record appraisal on the head of the Silverb University in this case. Rather, the following circumstances, which are acknowledged by comprehensively taking into account the evidence Nos. 2, Eul’s evidence Nos. 3-1 and 2, and the overall purport of the arguments as a result of the entrustment of the medical record appraisal on the medical record, the Plaintiff received several times of medical treatment from around February 2009 due to hurgical pain accompanied by the pelne, which is the Plaintiff’s opinion

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