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(영문) 서울행정법원 2016.05.12 2015구단54622

요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 9, 2012, the Plaintiff was diagnosed on May 8, 2013, as a person who had worked as the head of Korea Bank B branch office, and was diagnosed as “cerebrovascular, mathy, and high blood pressure (hereinafter all of them together)” (hereinafter “the instant injury and disease”).

On January 18, 2014, the Plaintiff asserted that the instant injury and disease occurred due to the Plaintiff’s duties, and applied for medical care approval with respect to the instant injury and disease. On May 8, 2014, the Defendant rendered a disposition not to approve the Plaintiff’s application on the ground that the Plaintiff’s duties are ordinary duties as the head of a branch office and are not recognized as excessive to the extent that the instant injury and disease would be caused (hereinafter “instant disposition”).

【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire pleadings, and the Plaintiff’s assertion as to the legitimacy of the instant disposition, including, but not limited to, working hours after being appointed as the head of the branch office B, and continuing to conduct an excessive work, such as continuing to conduct business and consultation for performance.

In addition, the plaintiff suffers from extreme stress due to performance competition with other branches, pressure caused by wage peak system, and complaints from time to time.

As such, although the Plaintiff’s injury or disease was caused by physical skin or mental stress due to excessive work, the Defendant’s disposition of this case which did not recognize the proximate causal relation between the Plaintiff’s work branch of this case and the Plaintiff’s business was unlawful.

Facts of recognition

The Plaintiff served for about 35 years at the Bank of Korea, and served as the senior supervisor at the Gyeonggi-nam Business Headquarters, which was issued as a branch office on October 9, 2012.

The number of branches B working for the Plaintiff was 10 persons, and the Plaintiff’s official working hours was 08:30 to 18:00 per week.

The plaintiff as a branch office shall manage the overall business of the branch office, such as customer management, external business, and accounting for attracting deposits.