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(영문) 대구지방법원 2015.03.20 2014구단10092
추가상병불승인처분취소
Text

1. On August 26, 2013, the Defendant’s revocation of the disposition of additional injury and disease approval against the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On December 29, 201, while working in B, the Plaintiff suffered from occupational accidents that drums explosiond (hereinafter “the instant disaster”) and received from the Defendant during the work in drums, and received medical treatment until February 28, 2013 after obtaining approval from the Defendant as an industrial accident.

B. After that, on July 16, 2013, the Plaintiff was diagnosed by knenene’s “Gekne’s knenene’s pathosis” (hereinafter “instant additional knene’s disease”), and applied for the approval of the instant additional kne’s disease to the Defendant.

C. On August 26, 2013, the Defendant rendered a disposition not to approve the above additional disease application (hereinafter “instant disposition”) on the ground that the instant additional disease against the Plaintiff was not found to have proximate causal relation with the instant accident. D.

The Plaintiff filed a petition for review against the instant disposition, but was dismissed on November 15, 2013.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, 3 (including paper numbers), Eul's evidence Nos. 1, 3, and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On May 2012, the Plaintiff asserted that: (a) around May 2012, the Plaintiff suffered severe pains on the right-free knee, following the surgery on the right-free knee, and was diagnosed as the instant additional injury around July 2013.

Inasmuch as the instant additional injury and disease were caused by the injury caused by external wounds caused by the instant disaster, it should be recognized as an additional injury and disease, the instant disposition is unlawful.

(b) The terms used in this Act [Industrial Accident Compensation Insurance] Article 5 (Definitions] shall be defined as follows:

1. The term "occupational accident" means an injury, disease, disability or death of a worker caused by an occupational reason;

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