beta
(영문) 광주지방법원 2019.04.11 2017구단10770

요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On February 2, 2016, while the Plaintiff was working for the company, the company, located in the North-gu Seoul Special Metropolitan City, Gwangju Special Metropolitan City, which was diagnosed by the “here-fluencing fluencing malties” (hereinafter “the instant injury and disease”) due to an accident in which he/she lost consciousness in the company’s parking lot while moving to the company, around 09:0 on June 24, 2016, while working for the company, located in the company, North-gu, Gwangju Special Metropolitan City (hereinafter “the company, etc.”).

B. On July 25, 2016, the Plaintiff filed an application for medical care benefits to the effect that the instant injury was caused due to occupational malpractice, stress, etc., but the Defendant rendered the disposition of non-approval of medical care benefits on October 7, 2016, stating that “The Plaintiff’s existing brain disorder is naturally affected without confirming the unexpected situation, sudden change in the business environment, occupational negligence, and stress to the extent that the applicant’s injury was caused,” as a result of the judgment of the Gwangju Occupational Disease Determination Committee.

C. On March 9, 2017, the Industrial Accident Insurance Reexamination Committee rejected a request for reexamination to the Industrial Accident Insurance Reexamination Committee. However, on March 9, 2017, the Industrial Accident Insurance Reexamination Committee rendered a ruling of rejection.

On June 12, 2017, the Plaintiff filed an application for medical care benefits again, but the Defendant rendered a non-approval disposition (hereinafter “instant disposition”) on June 14, 2017.

[Reasons for Recognition] Evidence Nos. 2 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is about 60 hours and 45 minutes exceeding average weekly 60 hours during 12 weeks prior to the instant injury and disease (i.e., 12 weeks total working hours 729 hours ± 12 weeks). The Plaintiff left his office and was under stress due to the conflict with his pay staff, etc., the Plaintiff’s work site and freezing room are special working environments, such as the difference between external temperature and the external temperature, and the Plaintiff’s work site and freezing room have a long time due to its characteristics.