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(영문) 서울행정법원 2017.04.25 2016구단53367

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 April 6, 2015, the Plaintiff was a taxi driver who belongs to the Sung Chang Transportation Limited Partnership Company. On April 6, 2015, around 23:49, the Plaintiff: (a) transferred to the hospital and the hospital the symptoms of the telegraphic rain; and (b) received the diagnosis of the Macro (hereinafter “the instant injury and disease”); and (c) filed an application for medical care benefits with the Defendant.

On January 6, 2016, the Defendant issued a disposition not to grant medical care benefits to the Plaintiff on the ground that “it is difficult to recognize a substantial relationship with the instant trade branches.”

(hereinafter “Disposition of this case”). 【The ground for recognition” did not have any dispute, Gap evidence No. 1, Eul evidence No. 1, and the purport of the entire pleading, and the overall purport of the Disposition of this case occurred due to the plaintiff’s excessive work and stress on the plaintiff’s assertion of legitimacy of the Disposition of this case.

Therefore, the instant disposition taken on a different premise is unlawful.

Judgment

1. The "occupational accident" under the Industrial Accident Compensation Insurance Act refers to the injury, disease, disability or death of an employee which is caused by an occupational reason, and in order to be recognized as a disaster due to an occupational reason, the accident in question is caused by the occupational reason, and there is a proximate causal relation between the business and the accident. In such cases, the causal relation between the worker's accident and the business shall be proved

The existence of a causal relationship shall be determined on the basis of the health and physical conditions of the relevant employee, not the average person, and the degree of proof of a causal relationship shall not be necessarily explicitly proved by medical or natural science, but in light of all circumstances, if it is presumed that there is a proximate causal relationship between the business and the accident, it can be viewed that there is such proof. However, without such degree, it can be said that the occurrence and aggravation of a causal relationship can be the cause of the outbreak and aggravation of a disease in modern medical science because it can be the cause of the outbreak and aggravation of a disease.