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(영문) 서울행정법원 2015.08.20 2013구합52025

요양 불승인 처분 취소

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 August 20, 2010, the Plaintiff became a member of the future lower-water company running the building cleaning service business, and has been cleaning in B apartment units located in Gyeyang-gu, Goyang-si from around that time.

B. On April 19, 2012, while the Plaintiff was engaged in the ground cleaning work on the above apartment, the Plaintiff was suffering from symptoms, etc. of drinking water coming to drinking at around 11:00.

At around 12:00 on the same day, the Plaintiff was given medical treatment at the Gansan Hospital of the East National University, and as a result, the Plaintiff was diagnosed as “in need of intensive rehabilitation treatment on the ground that the left side of the cerebrovascular and the symptoms of old disability have arisen due to cerebrovascular transfusion.”

C. On May 11, 2012, the Plaintiff filed a claim against the Defendant for the payment of medical care benefits and temporary layoff benefits under the Industrial Accident Compensation Insurance Act with respect to the said brain-resistant transfusion.

On June 15, 2012, the Defendant rendered a disposition that the Plaintiff does not approve the Plaintiff’s claim for medical care benefits and temporary disability compensation benefits (hereinafter “instant disposition”) according to the determination by the Occupational Disease Determination Committee, that “the Plaintiff’s cerebrovascular is not recognized as an occupational disease because of the lack of verification of the occupational course, excessive stress, and sudden breakdown situation” (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, 5, Eul evidence No. 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff did not have any means to bring about cerebral blood transfusion to the Plaintiff.

In general, the Plaintiff worked from 8:0 p.m. to 4:0 p.m., and worked for more than 30 minutes of working hours under the contract (9:0 p.m. to 4:00 p.m.).

The apartment that the plaintiff performed cleaning work was a large complex apartment with 12 households of 557,00,000 and 69,000, and the garbage separation and removal work was conducted at 8:00 am in each week, and at one month, 300 garbagepos and 50 possss in each month were consumed, and a large amount of work was sufficiently consumed.

In addition, on April 2012, the Plaintiff suffered from cerebral blood.