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(영문) 서울행정법원 2016.03.11 2015구단1437
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 March 12, 2007, the Plaintiff joined a company B, which is an enterprise that produces food and semiconductor packaging sites for industrial use, and went back on June 10, 2012, while engaging in the business of operating voltageing and diting machinery. On June 11, 2012, the Plaintiff entered the Iljinex, a same company, and was in charge of the same business until February 1, 2014.

B. On April 15, 2014, the Plaintiff filed an application for medical care benefits with the Defendant, asserting that “On September 201, 201, when he/she was in office in the Company B by repeatedly doing so for about 28 years, he/she was diagnosed by the instant injury and disease” (hereinafter “the instant injury and disease”). On September 29, 201, the Plaintiff filed an application with the Defendant for medical care benefits by asserting that “The Defendant was diagnosed by the first police officer of September 201, when he/she was in office in the Company B, with a weak pain.”

C. On June 18, 2014, the Defendant rendered a disposition of non-approval of medical care (hereinafter “instant disposition”) according to the result of the deliberation by the Committee for Determination of Occupational Diseases that it is difficult to recognize proximate causal relation with the Plaintiff’s work since the instant injury and disease was unclear and the Plaintiff’s work was not high.

On October 17, 2014, the Industrial Accident Compensation Insurance Reexamination Committee rendered a ruling dismissing the Plaintiff’s request for reexamination on the grounds that the Plaintiff was dissatisfied with the instant disposition, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the Plaintiff’s request for reexamination.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 원고가 1987. 3.경부터 27년 동안 삼아알미늄 주식회사, 주식회사 일렉콤테프, B회사 등 같은 직종에서 압출코팅, 라미네이팅 기계 조작 등의 업무에 종사하면서 중량물을 들고 운반하는 작업, 허리를 숙인 상태에서의 작업 등의 반복적 허리 과부하 작업을 하고, 장시간 근무와 휴일근무, 반복되는 주ㆍ야간 교대근무를...

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