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(영문) 의정부지방법원 2018.06.28 2018구합11307

산재요양불승인처분 취소

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1. On April 4, 2016, the Defendant’s disposition of non-approval for additional medical care rendered to the deceased A with respect to the “cerebral cerebral Bribery” shall be revoked.

2.

Reasons

1. Details of the disposition;

A. On September 1, 201, A entered a D Co., Ltd. that sells agricultural products, etc. in Yangju-si (hereinafter “instant company”) and has been in charge of delivery affairs.

B. On October 22, 2012, A was diagnosed as “cerebrovascular disease (hereinafter “the instant wound”), high blood pressure, urology, and urology,” with her body at the E hospital, with her own body while serving at the school.

C. On January 1, 2013, A filed an application for medical care benefits with the Defendant on the ground that each of the above injury and disease diagnosed on January 1, 2013 fell under an occupational accident under the Industrial Accident Compensation Insurance Act, but the Defendant is not deemed to have been able to suffer from a sudden excess and stress prior to the outbreak, and is deemed to have occurred due to the natural progress of an individual person, such as high blood pressure and urology, and thus, on April 8, 2013, A issued a disposition of non-approval for all of the injury and disease on the ground that it is difficult to recognize proximate causal relation between the injury and disease, and A again filed an application for medical care benefits for each injury and disease with the Defendant on March 23, 2016, but the Defendant again issued a disposition of non-approval for all of the above injury and disease.

(hereinafter “instant disposition”) D.

A (hereinafter referred to as “the deceased”) died on February 26, 2018, after filing the instant lawsuit, and the Plaintiff, a spouse, took over the litigation procedures.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased worked at around 03:0 to 04:00 to work for the customers of the instant company at around 04:00, and worked for about 14 hours a day average by 18:00. The deceased’s delivery service was extended to 14 hours a day on an average. The deceased’s delivery service was conducted on a monthly basis, on a daily basis, on a demand, on an Chuncheon City, on a daily basis, on an Chuncheon City, and on a neck, Kim Jong-si, on a daily basis. From August 26, 2012, he/she was assigned to the position of the delivery manager, as well as the above delivery service.